Kawhia Hotel [2012] NZLLA 809 (18 July 2012)

Last Updated: 31 July 2012

[2012] NZLLA 809-810

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications by KAWHIA HOTEL (2010) LIMITED pursuant to ss.18 and 41 of the Act for renewal of on and off-licences in respect of premises situated at 811 and 849 Pouewe Street, Kawhia known as "Kawhia Hotel"

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

These are applications by Kawhia Hotel (2010) Limited for renewal of on and off-licences in respect of premises situated at 811 and 849 Pouewe Street, Kawhia, known as "Kawhia Hotel".

The business trades as a hotel with hours authorised for the sale of liquor at any time on any day to lodgers and guests, and between 9.00 am and 1.00 am daily to any other person present on the premises. The applicant does not seek any changes to the conditions of the licences.

The Police, Medical Officer of Health and the District Licensing Agency Inspector do not oppose renewal.

Public notification of the application attracted an objection but the grounds for objection do not relate to any of the criteria specified in s.22 of the Act, although the objector purports to question the suitability of the applicant.

The objector is domiciled approximately 65 kilometres from the applicant’s premises and cannot, therefore, demonstrate any greater interest in the applications than the public generally in terms of ss.19(1) and 42(1) of the Act. Absent any adverse comments from the regulatory authorities we are not persuaded that the applicant is unsuitable.

Having considered the applications we believe that the objection is based upon grounds outside the scope of the Act in terms of s.106(2)(b) and we propose to 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.22 and 45 of the Act. We renew the licences on the existing terms and conditions until 17 May 2015, that being three years from the first anniversary of the licences and we authorise the issue of notices of renewal.

DATED at WELLINGTON this 18th day of July 2012

B M Holmes
Secretary

Kawhia Hotel.doc(ab)