The Cock [2012] NZLLA 1176 (17 October 2012)

Last Updated: 29 January 2013

[2012] NZLLA 1176

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by THE KAPITI HOSPO LIMITED for an on-licence pursuant to s.9 of the Act in respect of premises situated at 8-9 Kapiti Lights Complex, 11 Amohia Street, Paraparaumu, known as "The Cock"

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

This is an application by Kapiti Hospo Limited for an on-licence in respect of premises situated at 8-9 Kapiti Lights Complex, known as “The Cock”.

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 1.00 am daily.

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

Public notification of the application attracted 11 letters of objection from occupants of neighbouring tenancies in the complex. The objections are all worded identically and contend that there are already sufficient licensed premises in the locality.

The applicant is currently trading under a temporary authority issued in terms of the on-licence held by the previous operator of the business. In other words, there is no addition to the number of existing licensed premises.

Section 13(1) of the Sale of Liquor Act 1989 provides:

13. Criteria for on-licences

(1) In considering any application for an on-licence, the Licensing Authority must have regard to the following matters:

• (a) The suitability of the applicant:
• (b) The days on which and the hours during which the applicant proposes to sell liquor:
• (c) The areas of the premises, if any, that the applicant proposes should be designated as restricted or supervised areas:
• (d) The steps proposed by the applicant to ensure that the requirements of the Act in relation to the sale of liquor to prohibited persons are observed:
• (e) The applicant’s proposals relating to –
  • (i) The sale and supply of non-alcoholic refreshments and food; and
  • (ii) The sale and supply of low-alcohol beverages; and
  • (iii) The provision of assistance with or information about alternative forms of transport from the licensed premises:
• (f) Whether the applicant is engaged, or proposes to engage, in –
  • (i) The sale or supply of any other goods besides liquor and food; or
  • (ii) The provision of any services other than those directly related to the sale or supply of liquor and food, ---

and, if so, the nature of those goods or services;
(g) Any matters dealt with in any report made under section 11 of this Act.

The concerns raised by the objectors do not address any of those criteria and the Agency Inspector’s report records that the applicant already operates other licensed premises of a similar nature in a responsible fashion. In the circumstances we propose to grant the application on the papers.

In doing so, we point out that any licence which issues is valid for 12 months. This is regarded as a probationary period to give a new licensee an opportunity to demonstrate an ability and willingness to operate the business in a fitting manner. At the end of that initial year an application for renewal must be lodged, and advertised, giving scope for further public input if the conduct of the licensee has given cause for concern.

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 17TH day of October 2012

B M Holmes
Secretary

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