Hangar 58 [2012] NZLLA 1179 (17 October 2012)

Last Updated: 12 November 2012

[2012] NZLLA 1179

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by H 58 LIMITED for an on-licence pursuant to s.9 of the Act in respect of premises situated at 58 Collingwood Street, Nelson, known as "Hangar 58"

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

This is an application by H 58 Limited for an on-licence in respect of premises situated at 58 Collingwood Street, Nelson, known as "Hangar 58".

The general nature of the business to be undertaken will be that of a tavern and hours are sought to trade between 7.00 am and 3.00 am daily.

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

The premises are undergoing fit out and final clearances in terms of the Resource Management Act 1991 and of the Building Code will be required prior to the issue of any licence.

Advertising attracted an objection from a resident in the locality contending that the trading hours sought are excessive and may lead to unacceptable noise emanations issuing from the premises. The business has not previously been licensed.

The application was referred to the Authority on 20 September 2012 since which date there have been discussions between the applicant and the objector culminating in withdrawal of the objection. Accordingly we deal with the application 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 authorising the sale and supply of liquor, for consumption on the premises, to any person who is present on the premises.

The licence will not issue until all relevant clearances have been obtained. The applicant is not entitled to sell liquor until the licence issues. Unlicensed sales can result in imprisonment for up to three months or a fine of $40,000 (ss.114(2), 151 and 152 of the Act refer).

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

Hangar 58.doc(ab)