Decision number:
49C/2020/NZDLCWN/803
IN THE MATTER
of the Sale and Supply of
Alcohol Act 2012
AND
IN THE MATTER
of an application by The
Lakehouse Restaurant Limited
in respect of an application for
a new on-licence for premises
situated at 125 Wil is Street
(also known as 2 Manners
Street), Te Aro, Wellington
trading as “Urban on Manners”
(SR 464969)
BEFORE THE WELLINGTON DISTRICT LICENSING COMMITTEE
1. The application for a new on-licence is granted, subject to the conditions
set out in appendix 1 to this decision. The applicant may sell and supply
alcohol for consumption on the premises.
2. The licence wil expire one year from the date of issue, being the
maximum period which can be granted under the Act for a new licence.
3. The new licence may be issued immediately.
4. The premises are as set out on the plans submitted with the application,
one dated as received on 15 July 2020 showing the layout of the licensed
premises, and the other signed by the applicant as correct on 8 July 2020
showing the specific area that is to be licensed, with the principal entrance
located at 2 Manners Street (also known as 125 Wil is Street), Wellington.
A note to this effect is to be made on the licence.
REASONS FOR THE DECISION
5. The applicant, The Lakehouse Restaurant Limited, which trades principally
as a Restaurant Class 2, applies for a new on-licence.
6. The Commit ee has received a detailed report on the application from
Licensing Inspector Ms Binnie, who does not oppose the application. The
Page 1
Wel ington Police and the Medical Officer of Health also do not oppose the
application being granted.
7. In the absence of any objections, I wil deal with the matter on the papers.
8. The purpose of the Sale and Supply of Alcohol Act 2012 (the Act) is to put
in place a system of control over the sale and supply of alcohol (s3). The
object of the Act is to ensure that the sale and supply of alcohol is
undertaken safely and responsibly and the harm caused by excessive or
inappropriate consumption of alcohol is minimised (s4).
9. In deciding whether to grant the licence, the District Licensing Committee
must have particular regard to the criteria in section 105 of the Act. Those
criteria set out a range of considerations the Committee must take into
account, including:
a. Does the grant of the licence ensure the safe and responsible
supply of alcohol, and the minimisation of harm caused by
excessive or inappropriate use of alcohol?
b. Is the applicant suitable?
c. Are the days and hours during which the applicant proposes to
sell alcohol suitable?
d. Is the design and layout of the premises suitable?
e. Does the applicant propose to sell goods other than alcohol
such as low-alcohol refreshments, non-alcoholic refreshments
and food?
f. Does the applicant propose to provide services other than those
related to the sale of alcohol, low-alcohol refreshments, non-
alcoholic refreshments and food?
g. Wil the amenity and good order of the locality be decreased by
more than a minor extent by granting a new on-licence?
h. Whether the amenity and good order of the locality is already so
badly affected by other licences, and that while any further affect
from a new licence wil be minor, it would otherwise be desirable
not to grant any further licence?
i. Does the applicant have appropriate systems, staff and training
to comply with the law?
j. Have the police or medical officer of health raised any
concerns?
Page 2
10. Having considered those questions, I am satisfied that the considerations
fall in favour of the application being granted. There is no evidence on the
application file, which would suggest the applicant would sell or supply
alcohol in any way contrary to the Act.
11. I note that the Licensing Inspector has recommended that the issue of the
new on-licence should be subject to a pending managers certificate being
issued to Mary Kel y, who is an owner operator of the applicant. I agree
with that recommendation.
CONCLUSION
12. Having regard to the relevant provisions of the Sale and Supply of Alcohol
Act 2012, I am satisfied that a new on-licence should be granted, pursuant
to the conditions set out in appendix 1, and subject to a managers
certificate being issued to Mary Kelly.
DATED this 23rd day of July 2020
Bill Acton
Chairperson/Commissioner
Page 3
APPENDIX 1
CONDITIONS
The premises are as set out on the plans submitted with the application, one
dated as received on 15 July 2020, and the other signed by the applicant as
correct on 8 July 2020 and each principal entrance is shown on that plan. A
note to this effect is to be made on the licence.
1. Alcohol may be sold or supplied for consumption on the premises seven days
per week, only on the following days and hours: Monday to Sunday: 8:00am
to 10:00pm the same day.
2. No alcohol is to be sold or supplied on the premises on Good Friday, Easter
Sunday, Christmas Day or before 1pm on Anzac Day to any person other
than a person who is on the premises to dine.
3. Drinking water is to be provided to patrons free of charge from a water supply
prominently situated on the premises.
4. The Licensee must have available for consumption on the premises, at all
times when the premises are open for the sale and supply of alcohol, a
reasonable range of non-alcoholic and low-alcohol beverages.
5. Food must be available for consumption on the premises at all times the
premises are open for the sale and supply of alcohol, in accordance with the
sample menu supplied with the application for this licence or menu variations
of a similar range and standard. Menus must be visible and food should be
actively promoted.
6. A properly appointed certificated or Acting or Temporary Manager must be on
duty at all times when the premises are open for the sale and supply of
alcohol, and their full name must be on a sign prominently displayed in the
premises.
7. The Licensee must provide information, advice and assistance about
alternative forms of transport available to patrons from the licensed premises.
8. The Licensee must display:
a. At every point of sale, signs detailing restrictions on the sale and
supply of alcohol to minors and intoxicated persons;
b. For each principal entrance to the premises, a sign attached to the
inside or outside of the premises, so as to be easily read by people
immediately outside the entrance, stating the ordinary hours of
business during which the premises wil be open for sale and supply of
alcohol;
c. A copy of the licence attached to the inside of the premises so as to be
easily read by people entering each principal entrance.
Page 4
