Super Liquor Lincoln [2012] NZLLA 401 (20 April 2012)

Last Updated: 12 June 2012

[2012] NZLLA 401

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by NEKITA ENTERPRISES LIMITED pursuant to s.41 of the Act for renewal of an off-licence in respect of premises situated at 8 Gerald Street, Lincoln, known as "Super Liquor Lincoln"

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

This is an application by Nekita Enterprises Limited for renewal of an off-licence in respect of premises situated at 8 Gerald Street, Lincoln, known as "Super Liquor Lincoln". The business trades as a bottle store with hours authorised for the sale of liquor as follows:

Monday 11.00 am to 8.00 pm
Tuesday to Friday 11.00 am to 9.00 pm
Saturday 11.00 am to 10.00 pm.

The applicant has advertised that it now seeks to trade between 8.00 am and 10.00 pm daily, although these details are not included in the application form filed with the Selwyn District Licensing Agency. In response to the question “Are any changes sought to the present conditions of the licence?” the application simply states: “Yes. Changing hours and day.”

When the applicant filed its original application with the Selwyn District Licensing Agency in 2010 trading hours were sought from Monday to Sunday between 7.00 am and 11.00 pm daily. These hours were opposed by the regulatory authorities and they attracted a number of public objections. Three objectors appeared to give evidence in support of their opposition.

In decision [2010] NZLLA PH 1130, following a public hearing at Christchurch on 27 September 2010 the hours currently in force were agreed to by the applicant and are consistent with those enjoyed by the other liquor retail outlet in the locality.

The Police and DLA Inspector oppose any increase in trading hours. While the variation in hours has not attracted any public objection, the public notices do not specifically reveal that any variation is being sought. It is acknowledged that where, as in this instance, the variation is being sought upon renewal, there is no requirement in the statute to do so.

Nevertheless, the Authority takes the view that where an increase in trading hours is sought, particularly in any instance where the established hours were arrived at following a contested application, it is desirable that the public notices make it clear that an increase in days and trading hours is proposed.

Our secretariat wrote to the applicant on 8 March raising this issue and requiring the applicant to re-advertise in order to make obvious to the public that changes to the existing trading pattern were intended. It was made clear to the applicant that should it elect not to follow this course of action we would be prepared to renew the off-licence only on the conditions currently in force as recommended by the regulatory authorities.

There has been no response from the applicant to that letter and we take the inference, therefore, that the proposed increase in trading hours is no longer to be pursued. In the circumstances we intend to deal with the matter on the papers.

We are satisfied as to the matters to which we must have regard as set out in s.45 of the Act. We renew the licence on the existing terms and conditions until 12 November 2014, that being three years from the first anniversary of the licence, and we authorise the issue of a notice of renewal.

DATED at WELLINGTON this 20TH day of April 2012

B M Holmes
Secretary

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