The Tap Haus [2011] NZLLA 975 (30 August 2011)

Last Updated: 29 September 2011

[2011] NZLLA 975

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by LUCKY PLAZA LIMITED for an on-licence pursuant to s.9 of the Act in respect of premises situated at 145 Victoria Street, Te Aro, Wellington, known as "The Tap Haus"

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Ms J D Moorhead

DECISION

This is an application by Lucky Plaza Limited for an on-licence in respect of premises situated at 145 Victoria Street, Te Aro, Wellington, known as “The Tap Haus”.

The general nature of the business to be undertaken is that of a tavern and hours are sought to sell liquor between 7.00 am and 3.00 am daily. The business has previously been licensed as a restaurant.

The Police, Medical Officer of Health and the District Licensing Agency Inspector raise no matters in opposition to the application.

Public notification of the application attracted an objection from an occupant of an apartment in the locality. The objector deplores the proliferation of licensed premises in Wellington and contends that the establishment of the business will lead to excessive noise, littering and the potential for degradation of the environment and inconvenience to persons resident in the locality.

While a passing reference is made to the proposed hours of trade, these are common to most other licensed premises of a like nature in the area and the Agency Inspector is of the view that the objector is unlikely to be affected by the business. The objector has addressed none of the other criteria specified in s.13(1) of the Act. It is pertinent to note that the objector is domiciled in an apartment complex separated from the applicant’s premises by a principal transport artery, a major inner city intersection and a number of retail outlets, (including a large multi-storey department store).

We note that, in the scale plan accompanying the application, the applicant has identified an area of footpath adjacent to the premises in which it is intended to provide alfresco service to patrons. The Agency Inspector has advised our Secretary that there is no current agreement to lease this area. Should such an agreement be achieved in the future it will be necessary for the applicant to seek redefinition of the licensed premises pursuant to regulation 7(3) of the Sale of Liquor Regulations 1990.

The Agency Inspector offered to facilitate a meeting between the applicant and the objector in an attempt to ameliorate the concerns raised. The objector stated that while she might attend such a meeting she had no intention of withdrawing her opposition.

Having considered the application the Authority believes that the objection is based upon grounds outside the scope of the Act in terms of s.106(2)(b). Accordingly we propose to deal with the matter on the papers.

We are satisfied as to the matters to which we must have regard as set out in s.13 of the Act, and we grant the applicant an on-licence. A copy of the licence setting out the conditions to which it is subject is attached to this decision.

The licence may issue immediately.

The applicant's attention is drawn to ss.25 and 115(3) of the Act obliging the holder of an on-licence to display:-

1. A sign attached to the exterior of the premises, so as to be easily read by persons outside each principal entrance, stating the ordinary hours of business during which the premises will be open for the sale of liquor; and
   
2. A copy of the licence, and of the conditions of the licence, attached to the interior of the premises so as to be easily read by persons entering through each principal entrance; and
   
3. A sign prominently displayed inside the premises, which identifies by name the manager for the time being on duty.
   

DATED at WELLINGTON this 30TH day of August 2011

B M Holmes
Secretary

The Tap Haus.doc(ab)