City Liquor [2012] NZLLA 993 (7 September 2012)

Last Updated: 17 September 2012

[2012] NZLLA 993

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by J & D SAI LIMITED pursuant to s.41 of the Act for renewal of an off-licence in respect of premises situated at 34 Kingston Street, Auckland, known as "City Liquor"

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Ms J D Moorhead

DECISION

This is an application by J & D Sai Limited for renewal of an off-licence in respect of premises situated at 34 Kingston Street, Auckland, known as "City Liquor". The business trades as a bottle store with hours authorised for the sale of liquor between 7.00 am and 12.00 midnight daily. No changes are sought to the conditions of the licence which fell due for renewal on 16 August 2011.

Advertising did not attract any public objection. The Police and DLA Inspector opposed renewal because the configuration of the premises led them to the view that the business is located within the footprint of a greater whole that includes a grocery.

The Police had previously raised their concerns in this regard and indicated to the licensee that they were considering taking enforcement action. However, they were persuaded not to do so on the basis that the applicant intended to undertake alterations to the premises to ensure that the bottle store was independent of the neighbouring occupancy. Assurance was given that this would be attended to prior to renewal in August 2011.

No such works were undertaken and the Police and Agency Inspector opposed renewal. The Agency referred the application to the Authority in October last year.

The Authority’s secretariat contacted the applicant’s agent who stated, on 2 November 2011, that remedial works were under way ‘to divide the two stores properly’. It was requested that the matter be held in abeyance to allow the reconstruction to be completed. Inquiries as to progress on 17 February 2012 revealed that building consent was granted in January 2012 with a projected completion date of mid-April.

On Friday 4 May 2012, having learned that no changes had been made to the premises as promised, the Police filed applications pursuant to ss. 132 and 135 of the Act for suspension or cancellation of the off-licence and of the General Manager’s Certificate held by Kalpanabahen Jayprakash Patel, a director of the applicant.

The enforcement applications were filed because the Police contend that the licensee is unable to comply with the provisions of the Act while the premises remain in their present configuration. All applications were to have been determined at a public hearing in late August 2012.

However, an agreement has been negotiated whereby an application for a grocery store off-licence (s.36(1)(d)(ii) of the Act) has been filed. It is proposed that the new off-licence will issue on 15 October 2012. The current off-licence will cease to trade on Monday 17 September 2012 from which date this application will be deemed to have been withdrawn.

Mrs Patel agreed to accept suspension of her manager’s certificate from the same date. However, in return for the withdrawal of the application for renewal of the off-licence one month prior to the new licence being issued, the Police have withdrawn both suspension applications.

DATED at WELLINGTON this 7th day of September 2012

B M Holmes
Secretary

City Liquor.doc(ab)