White Hart Hotel [2012] NZLLA 90 (27 January 2012)

Last Updated: 10 February 2012

[2012] NZLLA 90-91

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications by OWKA DEVELOPMENTS LIMITED pursuant to ss.18 and 41 of the Act for renewal of on and off-licences in respect of premises situated at 82 High Street, Hawera, known as "White Hart Hotel"

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Dr J Horn
Ms J D Moorhead

DECISION

These are applications by Owka Developments Limited for renewal of on and off-licences in respect of premises situated at 82 High Street, Hawera, known as "White Hart Hotel". The business trades as a hotel with hours authorised for the sale of liquor to lodgers and guests at any time on any day, and between 7.00 am and 2.00 am daily to any other person present on the premises. No changes are sought to the conditions of the licences.

The regulatory authorities do not oppose renewal. The District Licensing Agency Inspector reports that the business has been operated in accordance with the provisions of the Act and the conditions of the licences. The applicant has held the licences since December 1998.

Public notification of the application attracted an objection from a resident of Hawera contending that the sale of liquor is not required seven days a week and there is no requirement for its ‘dispensation’ as early as 7.00 am or as late as 2.00 am.

The objector goes on to complain about the alleged shortcomings of the South Taranaki District Council in permitting licensed premises to operate in breach of the requirements of the Resource Management Act 1991. The objector does not more particularly provide evidence to substantiate these allegations.

The objector also raises issues in relation to matters totally unconnected with the Sale of Liquor Act 1989.

The objector does not reside in close proximity to the licensed premises and we are not persuaded that he has a greater interest in the application than the public generally. Accordingly we will 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.22 and 45 of the Act. We renew the licences on the existing terms and conditions until 14 December 2014, that being three years from the most recent date of expiry, and we authorise the issue of notices of renewal.

DATED at WELLINGTON this 27th day of January 2012

B M Holmes
Secretary

White Hart (Hawera).doc(ab)