Booze- The Bulls Liquor [2012] NZLLA 453 (4 May 2012)

Last Updated: 21 June 2012

[2012] NZLLA PH 453

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by UNITED BREWERIES NZ LIMITED for an off-licence pursuant to s.31 of the Act in respect of premises situated at 117 Bridge Street, Bulls known as “Booze-The Bulls Liquor”

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at MARTON on 30 April 2012

APPEARANCES

Mr E Manakandathil Babu – for applicant
Sergeant G M Lawton – NZ Police – to assist
Mrs V P Hodds – Rangitikei District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] United Breweries New Zealand Limited has one shareholder and director. He is Twinkle Haridasan. Mr Haridasan is a chef who lives in Wellington. Late last year he formed the applicant company. With the assistance of two proposed general managers, Eldho Manakandathil Babu and Ajith Mohan Moochikal Narayanan, the applicant wishes to open a bottle store in Bulls.

[2] There is no contract of employment (or indeed any other contract) between the proposed general managers and the applicant.

[3] Section 35 of the Act sets out the criteria applicable to off-licences. The first matter to which the Authority must have regard is the suitability of the applicant. In this case, Mr Haridasan has no experience in the liquor industry. He wishes merely to be an investor. He is totally reliant on his two general managers. Either or both of them could leave the business at any time.

[4] Further, it was clear from Mr Haridasan’s evidence that his sole motivation for wishing to set up the bottle store was to make a profit and, to do this, it was his intention that prices should be kept as low as possible. He was unaware of the object of the Act and did not know whether RTDs would be sold singly or in cartons.

[5] An applicant for a liquor licence must prove its suitability. In this case, the applicant cannot do this.

[6] In these circumstances the application is refused.

DATED at WELLINGTON this 4th day of May 2012

B M Holmes
Secretary

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