Ashby Superette [2012] NZLLA 800 (18 July 2012)

Last Updated: 31 July 2012

[2012] NZLLA 800

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by the partnership of L. BRIJLA LIMITED pursuant to s.41 of the Act for renewal of an off-licence in respect of premises situated at 91 Ashby Avenue, St Heliers, Auckland, known as "Ashby Superette"

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

This is an application by L. Brijla Limited for renewal of an off-licence in respect of premises situated at 91 Ashby Avenue, St Heliers, Auckland, known as "Ashby Superette". The business trades as a grocery store with hours authorised for the sale of liquor as follows:

Monday to Saturday 6.00 am and 10.00 pm
Sunday 9.00 am to 10.00 pm.

No changes are sought to the conditions of the licence.

Advertising did not attract any public objection. However, the Police and District Licensing Agency Inspector oppose renewal because it is contended that the premises do not meet the test in s.36(1)(d)(ii) of the Act – i.e. they are not persuaded that the principal business is the sale of main order household foodstuffs.

The applicant now seeks leave to withdraw the application for renewal. A short period of adjournment is granted to allow for the disposal of existing liquor stocks.

Accordingly we adjourn this application until the end of the business day on Friday 3 August 2012 on which date the application for renewal is deemed to have been withdrawn.

DATED at WELLINGTON this 18th day of July 2012

B M Holmes
Secretary

Ashby Superette.doc(ab)