Waiau Pa Four Square Store [2012] NZLLA 702 (19 June 2012)

Last Updated: 19 July 2012

[2012] NZLLA 702

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by WAIAU PA STORES (1991) LIMITED pursuant to s.41 of the Act for renewal of an off-licence in respect of premises situated at 581 Waiau Pa Road, Waiau Pa, Pukekohe, Auckland, known as "Waiau Pa Four Square Store"

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

This is an application by Waiau Pa Stores (1991) Limited for renewal of an off-licence in respect of premises situated at 581 Waiau Pa Road, Waiau Pa, Pukekohe, Auckland, known as "Waiau Pa Four Square Store". The business trades as a grocery store with hours authorised for the sale of liquor between 7.00 am and 10.00 pm daily. No changes are sought to the conditions of the licence.

Advertising did not attract any public objection and the Police raised no matters in opposition to renewal. However, a report from the District Licensing Agency Inspector opposed renewal contending that the premises did not meet the test in s.36(1)(d)(ii) of the Act – i.e. the principal business is not the sale of main order household foodstuffs.

The Inspector also opposed renewal on the existing conditions stating that the trading hours did not comply with those set out in the (former) Franklin District Council’s liquor policy which recommends that hours for liquor sales in grocery stores be confined to between 10.00 am and 10.00 pm. That policy was adopted in 2009, some four years after the licence first issued.

The applicant was asked, pursuant to regulation 8(2)(j) of the Sale of Liquor Regulations 1990, to provide “particulars of the principal business of the store, including evidence and certified accounts showing the percentage of turnover that is derived from the sale of main order household foodstuffs.”

Although such information is normally only required for a new application, it was felt that this may assist the Inspector in determining the status of the business. Upon receipt of the relevant details the Inspector was still not persuaded that the business met the test and he recommended that the application be referred to the Authority to decide whether or not the matter was capable of resolution without recourse to a public hearing.

Upon request, further and more detailed revenue statistics were subsequently provided to our Secretary and subsequently forwarded to the Agency Inspector for analysis. The Inspector also undertook a view of the premises and concluded that the business trades as a grocery store within the meaning of the Act.

Finally the Inspector did not pursue the reduction of trading hours and concluded that the off-licence should be renewed as requested in the application. Accordingly we 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 June 2013, that being three years from the most recent date of expiry, and we authorise the issue of a notice of renewal.

DATED at WELLINGTON this 19th day of June 2012

B M Holmes
Secretary

Waiau Pa 4 Square.doc(ab)