Coatesville Store [2012] NZLLA 877 (1 August 2012)

Last Updated: 22 August 2012

[2012] NZLLA 877

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SUNNY CANDY LIMITED for an off-licence pursuant to s.31 of the Act in respect of premises situated at 308 Coatesville-Riverhead Highway, Coatesville, Auckland, known as "Coatesville Store"

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

This is an application by Sunny Candy Limited for an off-licence in respect of premises situated at 308 Coatesville-Riverhead Highway, Coatesville, Auckland, known as "Coatesville Store".

The principal business is that of a grocery store in terms of s.36(1)(d)(ii) of the Act.

Public notification of the application attracted an objection from a member of the Nga Whatua Nga Rima o Kaipara Trust located at Rewiti Marae, which is located some 25 kilometres from the applicant’s premises. The objection deplores the establishment of additional licensed premises without the courtesy of consulting the Trust.

This is not an additional business. The premises have been licensed in the manner sought by the applicant since 2002 and the business is currently trading under temporary authority issued in terms of the off-licence held by the previous operator of the business. Section 32(4) of the Sale of Liquor Act 1989 provides:

32 Objections

(4) In any case where –

(a) The application relates to any premises in respect of which an off-licence is presently in force; and
(b) The applicant seeks the same conditions as those presently applying to that licence, --

an objection may be made only in relation to the suitability of the applicant.

Neither the Police nor the District Licensing Agency Inspector oppose the application and, absent any adverse comment from the regulatory authorities, suitability is not in question. Given the marae’s lack of proximity to the premises we are not persuaded that the objector is able to demonstrate any greater interest in the application than the public generally as prescribed by s.32(1) of the Act and we deal with the application on the papers.

We are satisfied as to the matters to which we must have regard as set out in s.35 of the Act and we grant the applicant an off-licence in terms of s.29 subject to the restrictions imposed by subs.(3) of s.37.

The licence may issue immediately.

The applicant's attention is drawn to ss.48 and 115(3) of the Act obliging the holder of an off-licence to display:-

1. A sign attached to the exterior of the premises, so as to be easily read by persons outside each principal entrance, stating the ordinary hours of business during which the premises will be open for the sale of liquor; and
   
2. A copy of the licence, and of the conditions of the licence, attached to the interior of the premises so as to be easily read by persons entering through each principal entrance; and
   
3. A sign prominently displayed inside the premises, which identifies by name the manager for the time being on duty.
   

DATED at WELLINGTON this 1st day of August 2012

B M Holmes
Secretary

Coatesville Store.doc(ab)