Barluca Pizza Kitchen and Club [2012] NZLLA 619 (6 June 2012)

Last Updated: 10 July 2012

[2012] NZLLA PH 619

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by INVERCARGILL LICENSING TRUST pursuant to s.18 of the Act for renewal of an on-licence in respect of premises situated at 61 Dee Street, Invercargill, known as “Barluca Pizza Kitchen and Club”

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Ms J D Moorhead

HEARING at INVERCARGILL on 30 May 2012

APPEARANCES

Mr C W Ward – for applicant
Ms D M McDonald – Invercargill District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] This application for the renewal of an on-licence was set down for hearing before the Authority primarily because public notification of the application had attracted three objections. Each of the objections indicated that unacceptable noise emanated from the applicant’s premises.

[2] Since the application was filed, one of those objections has been withdrawn.

[3] Neither of the other two objectors appeared at the hearing.

[4] Mrs V Robinson sought to appear on behalf of Mr L Crimp. Mr Crimp was not an objector. Apparently he is involved in the Wellesley Land Company Limited which did file an objection. Mrs Robinson is not an employee of the Wellesley Land Company Limited and advised the Authority that that company had passed no resolution authorising her to appear on its behalf. Mrs Robinson is the manager of a nightclub which operates in the vicinity of the premises.

[5] Section 22 of the Act sets out the criteria to which the Authority must have regard when considering an application for the renewal of an on-licence. Of the matters set out in the section, only the manner in which the licensee has conducted the sale and supply of liquor and any matters dealt with in the Inspector’s report are relevant. The only concern arising from those matters is the issue of noise.

[6] The Authority heard evidence from Mr G J Muir the marketing and sales manager for the applicant. His evidence indicates that the applicant takes a responsible attitude towards the possibility of noise nuisance emanating from the premises. The Authority noted that Mr G J Mulvey who is the general manager of the applicant stated that there was no intention of the applicant employing live bands on the premises.

[7] The Inspector, Ms D M McDonald deposed that the Invercargill City Council has received only one complaint concerning noise emanating from the premises since the premises commenced operating. This was investigated by the Council which concluded that the complaint was unwarranted.

[8] The application satisfies the criteria contained in s.22 of the Act. Further, the evidence satisfies the Authority that the applicant is complying with s.4(1) of the Act.

[9] Accordingly, the application is granted.

DATED at WELLINGTON this 6th day of June 2012

B M Holmes
Secretary

Barluca.doc(aw)