Waitak Country Store [2012] NZLLA 1282 (21 November 2012)

New Zealand Liquor Licensing Authority

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Waitak Country Store [2012] NZLLA 1282 (21 November 2012)

Last Updated: 6 December 2012

[2012] NZLLA PH 1282

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by AMANDEEP SINGH for an off-licence pursuant to s.31 of the Act in respect of premises situated at 469 Thames Coast Road, Thames, known as “Waitak Country Store”

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Mr R S Miller

HEARING at PAEROA on 16 November 2012

APPEARANCES

Mr A Singh – applicant
Mr L A Franks – Hauraki District Licensing Agency Inspector – in opposition
Sergeant D Litton – NZ Police – in opposition
Ms G R Leonard – on behalf of Hauraki District Council – objector

DECISION OF THE AUTHORITY

[1] At the hearing of this application for an off-licence, the applicant produced a petition in support of his application. He also referred to figures prepared by an accountant which indicated that only 32.7 percent of the total turnover of the business constituted main order household foodstuff requirements. He had no other relevant evidence to support the application.

[2] The application was brought in terms of s.36(1)(d)(ii) of the Act. This provides that an off-licence can only be granted in respect of:

“any grocery store, where the Licensing Authority or District Licensing Agency as the case may be is satisfied that the principal business of the store is the sale of main order household foodstuff requirements.”

[3] The applicant’s turnover figures indicate that the principal business of the store is not the sale of main order household foodstuff requirements. He gave no other evidence to support the proposition that the principal business of the store was the sale of main order household foodstuff requirements.

[4] In these circumstances, in terms of s.36(1)(d)(ii) of the Act the Authority cannot grant the application

[5] The application is refused.

DATED at WELLINGTON this 21st day of November 2012

B M Holmes
Secretary

Waitak Country Store.doc(aw)