Super Liquor Tokoroa [2012] NZLLA 537 (23 May 2012)

Last Updated: 2 July 2012

[2012] NZLLA 537-539

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications by MOKOSOI HOLDINGS LIMITED for off-licences pursuant to s.31 of the Act in respect of premises situated at 93-95 Bridge Street, Tokoroa, known as "Super Liquor Tokoroa"; and premises situated at 28 Swanston Street, Tokoroa, known as "Bottlezone Express"; and premises situated at 60 Chambers Street, Tokoroa, known as "Bottlezone Warehouse"

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Mr P M McHaffie

DECISION

These applications by Mokosoi Holdings Limited are made in respect of existing licensed premises in Tokoroa. The businesses have all been established for a number of years and the applications stem from a change of ownership.

The principal purpose of the businesses is the sale of liquor and hours are sought to trade between 9.00 am and 10.00 pm daily.

The Police and District Licensing Agency Inspector do not oppose the applications. The Inspector’s report states that the applicant has gained an exemplary reputation in the operation of similar licensed outlets in Waikato and Bay of Plenty and has earned the respect of District Licensing Agencies in those licensing districts.

Advertising of each application has attracted a number of objections, all from the same persons and all deploring the proliferation of liquor retail outlets. In point of fact there is no proliferation because the businesses already exist.

The applicant is currently trading under temporary authorities issued in terms of the off-licences held by the previous operators of the businesses. Accordingly s.32(4) of the Sale of Liquor Act 1989 applies. It states:

32 Objections

(4) In any case where –

(a) The application relates to any premises in respect of which an off-licence is presently in force; and
(b) The applicant seeks the same conditions as those presently applying to that licence, --

an objection may be made only in relation to the suitability of the applicant.

Although the applicant has elected to reduce the hours of trade that were authorised to the previous licensees (those hours being between 8.00 am and 12.00 midnight daily), effectively s.32 limits objections to these applications to the suitability of the applicant. None of the objections challenged the applicant’s suitability.

When considering these applications, the Authority must consider s.35(1) of the Act. It provides:

35 Criteria for off-licences

(1) In considering any application for an off-licence, the Licensing Authority must have regard to the following matters:

• (a) The suitability of the applicant:
• (b) The days on which and the hours during which the applicant proposes to sell liquor:
• (c) The areas of the premises, if any, that the applicant proposes should be designated as restricted areas or supervised areas:
• (d) The steps proposed to be taken by the applicant to ensure that the requirements of this Act in relation to the sale of liquor to prohibited persons are observed:
• (e) Whether the applicant is engaged, or proposes to engage, in –
  • (i) The sale or supply of any goods besides liquor; or
  • (ii) The provision of any services other than those directly related to the sale or supply of liquor, --

and, if so, the nature of those goods or services:

(f) Any matters dealt with in any report made under section 33 of this Act.

As we are not persuaded that the objectors have demonstrated any greater interest in the applications than the public generally and, because the objections are based upon grounds outside the scope of the Act in terms of s.106(2)(b), we deal with the applications 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 applications. Copies of the off-licences setting out the conditions to which each is subject are attached to this decision.

The licences may issue immediately.

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 23rd day of May 2012

B M Holmes
Secretary

Tokoroa off-licences.doc(ab)