Decision number:
49C/2024/NZDLCWN/1929.
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 to
renew an on - licence, for
premises situated at 125 Willis
Street (AKA 2 Manners Street),
Te Aro, Wellington, trading as
“Urban on Manners”.
SR 464969
DECISION OF THE WELLINGTON DISTRICT LICENSING COMMITTEE
1. The application for renewal of the on-licence, is granted, subject to the
conditions set out in appendix 1 of this decision. The applicant may
continue to sell and supply alcohol for consumption on the premises.
2. The licence will expire three years from the date of expiry of the period for
which it was last granted, being the maximum period which can be granted
under the Act for a renewal.
3. The renewed licence may be issued immediately.
4. The premises, which includes an outdoor area, are as set out on the plan
submitted with the application, with the licensed area outlined in red, and
date stamped as received on 27 June 2024, with the principal entrance
located at 2 Manners Street, Te Aro. 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 to renew an existing on-licence.
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6. The Committee has received a detailed report on the application from a
Licensing Inspector at the Wellington City Council, who does not oppose
the application. The Wellington Police and the Medical Officer of Health
also do not oppose the application being granted.
7. In the absence of any objections, I will 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 renew the licence, the District Licensing Committee
must have regard to the criteria in section 131, and various criteria found
in section 105. Those criteria set out a range of considerations the
Committee must take, 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. Will the amenity and good order of the locality be increased by
more than a minor extent by declining to renew the license?
h. Does the applicant have appropriate systems, staff and training
to comply with the law?
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i. Have the police or medical officer of health raised any
concerns?
j. The manner in which the applicant has sold or supplied alcohol
under the previous licence?
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 have taken notice of an issue as noted in the Licensing Inspector’s
report, which has been rectified through education provided by the
Inspector. I am satisfied that the noted issue has been appropriately
addressed.
CONCLUSION
12. Having regard to the relevant provisions of the Sale and Supply of Alcohol
Act 2012, I am satisfied that the existing on-licence, should be renewed,
pursuant to the conditions set out in appendix 1.
DATED this 12th day of November 2024.
Bill Acton
Chairperson/Commissioner
Wellington District Licensing Committee
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APPENDIX 1
CONDITIONS
The premises are as set out on the plan submitted with the application and date
stamped as received on 27 June 2024, and each principal entrance is shown on this
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;
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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 will 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.
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