Paeroa Wholesale Liquor [2012] NZLLA 21 (11 January 2012)

Last Updated: 25 January 2012

[2012] NZLLA 021

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SAPPHIRE DREAMS LIMITED for an off-licence pursuant to s.31 of the Act in respect of premises situated at 125 Normanby Road, Paeroa, known as "Paeroa Wholesale Liquor"

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Dr J Horn

DECISION

This is an application by Sapphire Dreams Limited for an off-licence in respect of premises situated at 125 Normanby Road, Paeroa, known as “Paeroa Wholesale Liquor”. The principal purpose of the business will be the sale of liquor and hours were initially sought to trade between 8.00 am and 12.00 midnight daily.

The Police opposed the application contending that the hours are excessive and there are already sufficient off-licensed outlets in Paeroa. The applicant has amended the hours and now seeks to trade between 10.00 am and 10.00 pm daily, to which the Police offer no opposition. The Inspector offers no opposition.

Advertising attracted an “objection” from Mr J P Tregidga, the mayor of Paeroa in which he raised various concerns in relation to the proliferation of off-licences already extant in the locality and similar associated matters.

The objection itself does not address any of the criteria specified in s.35(1) of the Act. More importantly, upon enquiry it transpires that the objection was filed by Mr Tregidga on behalf of the Hauraki District Council. The resolution of the Council authorising the objection is dated 16 November 2011. The date by which objections needed to be filed was 11 November 2011. The resolution authorised the making of an objection: not the notification of Mr Tregidga’s objection. In the circumstances we doubt that a valid objection by the Hauraki District Council was filed within the prescribed time.

There is nothing in any of the reports from the regulatory authorities to suggest that the applicant is unsuitable, and the Police have expressed themselves comfortable with the reduction in hours. The applicant proposes that the premises be designated supervised in their entirety and it is cognisant of its obligations with respect to liquor sales to prohibited persons.

Not only do we believe that the “objection” is based upon grounds outside the scope of the Act in terms of s.106(2)(b), but also it was not filed within the prescribed time. 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.35 of the Act, and we grant the applicant an off-licence. A copy of the licence setting out the conditions to which it is subject is attached to this decision.

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.48 and 115(3) of the Act obliging the holder of an off-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 10th day of January 2012

B M Holmes
Secretary

Paeroa Wholesale Liquor.doc(ab)