Dorchester Superette [2012] NZLLA 1184 (17 October 2012)

Last Updated: 12 November 2012

[2012] NZLLA 1184

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SHOBHANA PATEL and DIPAK PATEL, trading in partnership, pursuant to s.41 of the Act for renewal of an off-licence in respect of premises situated at 2-4 Dorchester Street, Meadowbank, Auckland, known as "Dorchester Superette"

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

This is an application by the partnership of Shobhana Patel and Dipak Patel for renewal of an off-licence in respect of premises situated at 2-4 Dorchester Street, Meadowbank, Auckland, known as "Dorchester Superette". The business trades as a grocery store with hours authorised for the sale of liquor between 6.00 am and 10.00 pm daily.

Advertising did not attract any public objection. The Police and DLA Inspector opposed the application contending that the business does not meet the test in s.36(1)(d)(ii) of the Act – i.e. the principal activity is not the sale of main order household foodstuffs. The application was referred to the Authority on 12 January 2011.

Our secretariat wrote to the applicant on 29 June 2011, and again on 1 September 2011 requesting, pursuant to regulation 8(2)(j) of the Sale of Liquor Regulations 1990, “particulars of the principal business of the store, including evidence and certified accounts showing the percentage of turnover that is derived from the sale of main order household foodstuffs.”

Such information is normally only required for a new application, but it was considered it may assist the Authority in its deliberations. The applicant did not respond and the matter was set down for determination at a public hearing on 15 October 2012.

However, by letter to the Agency Inspector dated 3 October 2012 the applicant seeks to withdraw its application to renew the off-licence and has requested leave to trade in liquor until 30 November 2012 to exhaust existing stocks. We are prepared to accede to that request and we will deal with the application on the papers. The premises will cease to be licensed at the end of the business day on Friday 30 November 2012 by which date the application is deemed to have been withdrawn.

DATED at WELLINGTON this 17th day of October 2012

B M Holmes
Secretary Dorchester Superette.doc(ab)