Venus NZ Limited

[2015] NZHC 1346

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

CIV 2014-419-420 [2015] NZHC 1346

UNDER

ss 138 and 139 of the Sale of Liquor Act

1989

IN THE MATTER

of an appeal of a decision of the Alcohol Regulatory and Licensing Authority by VENUS NZ LIMITED, a duly incorporated company having its registered office at 7 Dugald Court, Rototuna, Hamilton 3210

Hearing:	2 and 12 June 2015
Counsel::	J B Forret and K F Shaw for Appellant No appearance by or on behalf of any other party
Judgment:	15 June 2015

JUDGMENT OF HEATH J

This judgment was delivered by me on 15 June 2015 at 9.30am pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar

Solicitors:

Harkness Henry, Hamilton

Venus NZ Ltd [2015] NZHC 1346 [15 June 2015]

[1]      On 2 June 2015, I heard an appeal by Venus  NZ Ltd  (Venus) against a decision of the Alcohol Regulatory and Licensing Authority (the Authority) of 15

October 2014.  There was no opposition to the appeal.  Nevertheless, I obtained full submissions from counsel and have inquired fully into the issues raised on appeal.

[2]      For reasons that will be given as soon as time permits, the appeal is allowed. The decision of the Authority to refuse to grant an off-licence in favour of Venus is set aside.  In substitution, I make an order that the Secretary of the Authority issue an off-licence  to Venus  in  terms  of  its  application  dated  25  October  2013,  on  the conditions set out in the schedule below.1

[3]      Leave to apply is reserved, in case any unforeseen difficulties arise in respect of the form of the licence to be issued.  That leave is reserved to both Venus and the Authority.

[4]      No order as to costs.

SCHEDULE CONDITIONS

This licence is subject to the following conditions:

(a)       No liquor is to be sold or delivered on Good Friday, Easter Sunday, Christmas Day or before 1.00pm on Anzac Day.

(b)Liquor  may be sold  or  delivered  only on  the  following days  and during the following hours:

Monday to Sunday 9.00am to 11.00pm

(c)       The licensee must ensure that the provisions of the Sale and Supply of

Alcohol  Act  2012  relating  to  the  sale  and  supply  of  liquor  to

1      The conditions are intended to mirror those on which the Waikato District Licensing Agency granted an off-licence in favour of PGS Ltd on 11 July 2012.   That is for the business known as “Raglan Wines and Spirits” operating in Wainui Road, Raglan.

prohibited persons are observed and must display appropriate signs adjacent to every point of sale detailing the statutory restrictions on the supply of liquor to minors and the complete prohibition on sales to intoxicated persons.

THE LICENSED PREMISES

In terms of Regulation 10 of the Sale of Liquor Regulations 1990 the sale or delivery of liquor is authorised in the premises generally.  The premises situated at 35 Bow Street, Raglan to be known as “Bow Street Liquor”, are more precisely identified as outlined [to be inserted].

DISPLAY OF LICENCE AND PRINCIPAL ENTRANCE/S

A copy of this licence must be displayed at the principal entrance to the premises. The entrance from [to be inserted] is designated as the principal entrance.

DURATION

Subject to the requirements of the Act relating to the payment of fees, and to the provisions of the Act relating to the suspension and cancellation of licences, this licence continues in force –

(a)      Until the close of the period of 1 year commencing with the date of its issue;

or

(b)If an application for the renewal of the licence is duly made, until the application is determined; or

(c)      If the licence is renewed, until the close of the period for which it is renewed.

P R Heath J

Delivered at 9.30am on 15 June 2015