Kopuriki General Store [2012] NZLLA 765 (2 July 2012)

Last Updated: 20 July 2012

[2012] NZLLA 765

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by P B MURRAY LIMITED for an off-licence pursuant to s.31 of the Act in respect of premises situated at 5 Kopuriki Road, Galatea, known as "Kopuriki General Store"

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

This is an application by P B Murray Limited for an off-licence in respect of premises situated at 5 Kopuriki Road, Galatea, known as “Kopuriki General Store”. The business is licensed as an off-sales facility reliant upon s.36(2)(a) of the Act; i.e. premises in a locality where the establishment of a stand-alone liquor retail outlet would not be economic.

The Police and District Licensing Agency Inspector opposed the application because the sole director/shareholder of the applicant, Paul Barclay Murray, was considered unsuitable to hold the licence. He had earlier been refused the grant of a General Manager’s Certificate by decision [2010] NZLLA PH 1331 on the same grounds. The application was to have been determined at a public hearing in early 2012, but Mr Murray died on 25 January last.

The District Licensing Agency has advised our Secretary that the business has been purchased by another company who have obtained their own temporary authority and have filed an application for an off-licence.

In the circumstances, while there has been no indication of any withdrawal of the application by P B Murray Limited, it is clear that this application will proceed no further and to achieve finality we propose to deal with the matter on the papers.

We are unable to be satisfied as to the matters to which we must have regard as set out in s.35 of the Act, and the application is refused.

DATED at WELLINGTON this 2ND day of July 2012

B M Holmes
Secretary

Kopuriki General Store.doc(ab)