Phil's Place [2012] NZLLA 1060 (26 September 2012)

Last Updated: 16 October 2012

[2012] NZLLA 1060-1061

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications by PHIL’S PLACE LIMITED for on and off-licences pursuant to ss.9 and 31 of the Act in respect of premises situated at 101 Te Awanui Drive, Tauranga, known as “Phil’s Place”

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

These are applications by Phil’s Place Limited for on and off-licences in respect of premises situated at 101 Te Awanui Drive, Tauranga, known as “Phil’s Place”.

The general nature of the business to be undertaken is that of a tavern and hours are sought to sell liquor between 9.00 am and 1.00 am the following day. The applicant has indicated that the business will place strong emphasis on the provision of food (the premises previously operated as a restaurant) but it is proposed that every bar will be designated as a supervised area.

The Police, Medical Officer of Health and the District Licensing Agency Inspector do not oppose the application.

Advertising attracted one objection from a Mr Rob Paterson. Mr Paterson is not domiciled in close proximity to the applicant’s premises and the Authority is not satisfied that he is able to demonstrate any greater interest in the applications than the public generally as required by ss.10(1) and 32(1) of the Act.

We are satisfied as to the matters to which we must have regard as set out in ss.13 and 35 of the Act, and we grant the applicant the on and off-licences sought. Copies of the licences setting out the conditions to which each is subject are attached to this decision.

The licences may issue immediately.

The applicant’s attention is drawn to ss.25, 48 and 115(3) of the Act obliging the holder of on and off-licences 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 each licence, and of the conditions of each 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 26th day of September 2012

B M Holmes
Secretary

Phil’s Place.doc(ab)