Decision number:
49C/2021/NZDLCWN/1582.
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 and vary an 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
DECISION OF THE WELLINGTON DISTRICT LICENSING COMMITTEE
1. The application for renewal and variation 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 wil expire three years from the date of expiry of the period for
which it was last renewed, 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, are as set out on the floor plan submitted with the
application, and date stamped 21 July 2021, which includes an outdoor
area outlined in red on the provided plan, and 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
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5. The applicant, The Lakehouse Restaurant Limited, which trades principal y
as a Restaurant – Class 2, applies to renew an existing on-licence, and to
vary it by:
Amending the licensed area to include an outdoor area, for
which it has pavement permission, with the same applied for
licenced hours as for the indoor area being:
From: Monday to Sunday, from 8:00am to 10:00pm the same
day.
6. The Committee has received a detailed report on the application from the
Licensing Inspector Mr McCarten, who does not oppose the application.
The Wel ington Police and the Medical Officer of Health also do not
oppose the application being granted.
7. The Committee notes that the application was received by the Council on
1 July 2021 and was publicly advertised on the Wellington City Council
website (the public notice) starting on 22 July 2021. The applicant has also
confirmed that a notice of the application was displayed outside of the
premises (the on-site notice) starting on 15 July 2021.
8. Due to inadvertence by the applicant and the Council, the applicant did not
meet the notification requirements within the prescribed time frames in
accordance with s. 101 and 127(3) of the Act.
9. I am satisfied that this was not wilful. I am also satisfied that applicant
provided public notification shortly after it was required, and notification
was given for the duration required. I am also satisfied that the notice of
the application was displayed shortly after it was required, and notification
was given for the duration required. Consequently, I am satisfied that the
notification requirements within the statutory timeframes required should
be waived pursuant to s 208 of the Act.
10. The Committee notes a further issue in respect of the above referred to
on-site notice in that it did not note that the renewal would now also
include an outdoor area. The internet public notice had referred to this
outdoor area.
11. The Committee was concerned that as the on-site notice had not referred
to the outdoor area that the public may have been disadvantaged by this
lack of public notification. The Committee therefore decided by way of a
“Public Notice Waiver” dated 11 November 2021, that the on-site notice
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should be re-advertised for 10 working days with the outdoor area being
clearly referred to. That has now occurred with the on-site public notice
being displayed for 10 working days from 15 November 2021, with no
public objections.
12. In the absence of any objections, I wil deal with the matter on the papers.
13. 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).
14. 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 sel 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 increased by
more than a minor extent by declining to renew the license?
h. Wil the amenity and good order of the locality be decreased by
more than a minor extent by varying the on-licence?
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i. Whether the amenity and good order of the locality is already so
badly affected by other licences, and that while any further affect
from varying the licence wil be minor, it would otherwise be
desirable not to grant any further licence?
j. Does the applicant have appropriate systems, staff and training
to comply with the law?
k. Have the police or medical officer of health raised any
concerns?
l. The manner in which the applicant has sold or supplied alcohol
under the previous licence?
15. Having considered those questions, I am satisfied that the considerations
fal in favour of the application being granted. There is no evidence on the
application file, which would suggest the applicant would sel or supply
alcohol in any way contrary to the Act.
16. I have taken notice of a “Minor issue”, raised in the Inspector’s Report, i.e.
Duty Manager register not available. The relevant issue has been
addressed through a Licensing Inspector providing templates and I do not
consider this issue as a bar to the renewal application. The applicant is
reminded that it must always comply with its legal obligations.
CONCLUSION
17. 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,
and the sought variation granted, pursuant to the conditions set out in
appendix 1.
DATED this 6th day of December 2021.
Bil Acton
Chairperson/Commissioner
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Wellington District Licensing Committee
APPENDIX 1
CONDITIONS
The premises are as set out on the plan submitted with the application and date
stamped 21 July 2021, 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 al
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 menus 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 ful 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.
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