Admiralty Lodge Motel (2016) Limited v ENA Holdings Limited

[2022] NZHC 3426

8220093495

IN THE MATTER   of the Sale and Supply of Alcohol Act 2012 (the Act)

AND

IN THE MATTER    of an application by Primetime Distilleries Limited pursuant to section 127 of the Act for the renewal of an off-licence in respect of premises situated at 22 Whitaker Road Warkworth 0910 and trading as “Kowhai Liquor Centre”

BEFORE THE AUCKLAND DISTRICT LICENSING COMMITTEE

Quorum:         MARGUERITE DELBET

DECISION

Introduction

1. Primetime Distilleries Limited has applied to renew its off-licence for premises situated at 22 Whitaker Road Warkworth 0910 and trading as “Kowhai Liquor Centre”.  

2. The general nature of the business to be undertaken for the premises is as a bottle store. 

3. An inspector, the Medical Officer of Health and the Police reported on the application and do not oppose the renewal of the off-licence.

4. The application was duly advertised and did not attract any public objection.

Committee’s Decision and Reasons

1. I must have regard to section 131 of the Act to decide on the application.

2. There is no evidence that the company is not a suitable applicant to hold a liquor licence. 

3. There is no relevant local alcohol policy.

4. There are no known issues with the proposed days and hours of trading.

5. The design and layout of the premises seem appropriate.

6. There is no objection to the goods and services in which the applicant is engaged in relation to the principal activity of the business.

7. The amenity and good order of the locality will not likely be increased by more than a minor extent by the effects of a refusal to renew the licence.

8. The applicant appears to have appropriate systems, staff and training to comply with the law and appears aware of its responsibilities under the Act.

9. I am satisfied as to the matters to which I must have regard in section 131 of the Act, and I am satisfied that this application meets the purpose and object of the Act.  Accordingly, I GRANT the renewal of the off-licence, which may issue upon payment of any outstanding fees.

10. I refer any party who wishes to appeal this decision or part of this decision to sections 154 to 158 of the Act.

Conditions

1. The conditions of the off-licence are as follows:

   (a)No alcohol is to be sold on or delivered from the premises on Good Friday, Easter Sunday, Christmas Day, or before 1 pm on Anzac Day.

   (b)Alcohol may be sold on the premises only on the following days and during the following hours:

   Monday to Sunday        9.00am to 10.00pm.

   (c)Drinking water is to be freely available to customers immediately adjacent to any alcohol that is being supplied free as a sample on the premises.

   (d)No intoxicated persons may be allowed to enter or to remain on the premises.

   (e)Appropriate signage regarding the restrictions on the supply of alcohol to minors and intoxicated persons must be prominently displayed at each entry, and adjacent to every point of sale.

   (f)The whole of the premises is designated as a supervised area.

Dated at Auckland this 20^th day of February 2023

MARGUERITE DELBET
Chairperson
Auckland District Licensing Committee