Harpoon [2012] NZLLA 293 (22 March 2012)

Last Updated: 29 March 2012

[2012] NZLLA PH 293

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by CRUMPET LIMITED for an on-licence pursuant to s.9 of the Act in respect of premises situated at 48-52 West End, Kaikoura, known as "Harpoon"

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at BLENHEIM on 8 March 2012

APPEARANCES

Mr R W K Gray – on behalf of applicant
Sergeant B Hansen – NZ Police – in opposition
Mr D J Shovel – Kaikoura District Licensing Agency Inspector – in opposition

DECISION OF THE AUTHORITY

[1] This is an application by Crumpet Limited for an on-licence in respect of premises situated at 48-52 West End, Kaikoura, known as “Harpoon”.

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

[3] The Police and District Licensing Agency Inspector opposed the application contending that the proposed hours of operation were excessive.

[4] Public notification of the application attracted three letters of objection from neighbouring residents who also expressed concern at the intended trading hours. However, none of the objectors registered an appearance before the Authority as a consequence of which we are able to afford no probative value to their opposition.

[5] At the hearing the parties reached an agreement which is acceptable to the Authority. Accordingly, by consent the application is granted with the trading hours being from 8.00 am to 1.30 am the following day conditional upon the constraints imposed by the provisions of s.14(2) of the Act.

[6] 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.

[7] 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).

[8] 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 22nd day of March 2012

B M Holmes
Secretary

Harpoon.doc(ab)