Sunny's Liquor [2012] NZLLA 491 (11 May 2012)

Last Updated: 22 June 2012

[2012] NZLLA PH 491

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by PALLAVI KAUR BAL for an off-licence pursuant to s.31 of the Act in respect of premises situated at 94 Alford Forest Road, Ashburton, known as “Sunny’s Liquor”

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at ASHBURTON on 19 April 2012

APPEARANCES

Mr P J Egden – for applicant
Mr P A Bradford – for Ashburton District Licensing Agency Inspector – in opposition

Objectors
Mr and Mrs N R Ross
Mrs C Smart

RESERVED DECISION OF THE AUTHORITY

The application

[1] The applicant has applied for an off-licence in respect of premises situated at Alford Forest Road, Ashburton. The proposed premises are in a suburban area of Ashburton.

[2] The applicant and her husband came to New Zealand in 2005. Since then they have acquired five dairies, four of which are in Christchurch and the other in Ashburton. They also have been granted three off-licences, two in Christchurch in Opawa Road and Warrington Street respectively and one at Hanmer Springs. Also, they have a restaurant which holds an on-licence at Sumner, Christchurch.

[3] Both husband and wife are actively involved in the management of all the businesses.

[4] Ultimately it is intended that the applicant’s husband will obtain a 50 percent shareholding in a company to be formed to operate the business. However, insofar as this application is concerned, it is the applicant’s application.

[5] The Warrington Street bottle store in Christchurch has operated since 20 July 2011. That business has been the subject of at least two controlled purchase operations and there have been no failures. Neither the Hanmer Springs nor the Opawa Road off-licences are yet operational.

[6] The applicant proposes that she and her husband will set up and manage the business themselves. They intend to put proper systems in place and will ultimately employ a properly qualified and experienced manager to operate the off-licence under their direct supervision. It is unlikely that this would occur for at least six months.

[7] Mr Martin Ferguson, a Liquor Licensing Inspector at Christchurch has provided a favourable testimonial for the applicant. Significantly, the applicant proposed to set up a bottle store in Innes Road, Christchurch. As soon as she was made aware of the proximity of a school she appreciated the difficulties that might occur and accordingly withdrew the application. This evidence was proffered as an indication of her suitability.

The Inspector

[8] The Inspector was concerned at a number of breaches of various regulations which have occurred in respect of the Ashburton dairy owned and operated by the applicant and her husband (or an associated company). The majority of these matters are not of great significance and each was dealt with as quickly as possible once the problem was identified. These concerns related to smoke free legislation signage, signage on a footpath on the opposite side of the road from the dairy, and the dumping of rubbish by the applicant and her husband whilst they were temporarily living on the premises (having been forced to vacate their Christchurch home as a result of earthquakes). The most significant area of concern was a delay in rectifying a breach of the Food Hygiene Regulations 1974. The applicant recognised that there was an unacceptable delay in rectifying this problem but it does seem that the problem itself and the delay in its rectification arose out of exceptional circumstances which are unlikely to recur.

Hours

[9] Initially the hours sought in the application were from Monday to Sunday 9.00 am to 11.00 pm. When it was appreciated that these hours exceeded the Ashburton’s District Council’s guidelines, the hours were amended as follows:

Monday to Friday 10.00 am to 9.00 pm

Saturday and Sunday 10.00 am to 5.00 pm

Objections

[10] Upon learning of the proposed amended hours, Mr and Mrs Ross withdrew their objection.

[11] The objection of Mrs Smart was not heard as it was clear that its content would contravene s.35(2) of the Act if notice was to be taken of it. The Authority is not entitled to take into account any prejudicial effect that the grant of an off-licence may have on any other business conducted pursuant to any other off-licence.

Authority’s Decision

[12] The Authority is satisfied that this application meets the criteria set out in s.35(1) of the Act. It does not contravene the object of the Act as set out in s.4 of the Act. The amended proposed hours of operation are conservative, do not breach the Ashburton District Council guidelines and no one from the neighbourhood has objected to them.

[13] Accordingly, the application is granted. It is a condition of the off-licence that liquor may be sold and supplied from the premises at the premises only as follows:

Monday to Friday 10.00 am to 9.00 pm

Saturday and Sunday 10.00 am to 5.00 pm

DATED at WELLINGTON this 16TH day of May 2012

B M Holmes
Secretary

Sunny’s Liquor.doc2(aw)