Rotorua Masonic Trust Limited - Wade Hotel [2000] NZLLA 1300 (20 December 2000)

Last Updated: 15 February 2012

Decision No. PH 1300 – 1301/2000

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ROTORUA MASONIC TRUST LIMITED pursuant to ss.18 and 41 of the Act for renewal of on and off-licences in respect of premises situated at 2 Tavern Road, Silverdale, known as "Wade Hotel"

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J P Gatley
Members: Mr R J S Munro
Mr J W Thompson

HEARING at AUCKLAND on 7 December 2000

APPEARANCES

Mr W T Shelford – Director of applicant
Mrs S Markovina – Rodney District Licensing Agency Inspector – to assist
Sergeant S Hawkins – NZ Police – to assist

DECISION

1. Rotorua Masonic Trust Limited (the applicant) seeks renewal of on and off-licences held in respect of premises situated at 2 Tavern Road, Silverdale, known as "Wade Hotel". The applicant seeks a change in the on-licence closing time from "1.00 am the following day" to "3.00 am the following day".
   
2. Public notification of the application did not attract any objections. Reports from the Police and from Mrs S Markovina, Rodney District Licensing Agency Inspector, both opposed any change in trading hours.
   
3. When the on-licence was last renewed the applicant sought a change in closing time on Thursday, Friday and Saturday from "1.00 am the following day" to "3.00 am the following day". Following a public hearing before the Authority on 29 January 1998 in Decision No. 395/98 the application for a later closing time was refused. In a 5 page decision we set out the Authority’s practice where a licensee seeks trading hours outside any "policy" adopted by a District

Licensing Agency after consultation with the community, licensees and any other interested parties. Rodney District Licensing Agency has a policy of on-licence premises closing no later than no later "1.00 am the following day" although there is one tavern that falls outside that policy, "The Wellsford Inn" which has a closing time of 3.00 am the following day.

4. In Decision 395/98 we said that the issue of exceptions to a local authority policy on trading hours:-
   

"was most recently addressed by the Authority in Hospitality Management Limited LLA Decision 253/98 where we said at page 6:-

‘The approach of the Authority when determining trading hours of having regard to the considered view of the elected representatives of the community has been accepted by the High Court in three cases:-

1. Ole Forge Limited v Papakura District Licensing Agency [1996] NZAR 305, Robertson J.

2. Buzz & Bear Limited v Woodroffe [1996] NZAR 404, McGechan J.

3. Excel Promotions Limited v NZ Police and Palmerston North District Licensing Agency - HC A172/97 18 November 1997, Palmerston North Registry, Heron J.

...

In Ole Forge Limited at p309, Robertson J said:

The Sale of Liquor Act 1989 introduced a flexibility in the hours of trading in respect of alcohol which had not existed in previous legislation. There is no legislative guideline as to the basis upon which the Authority should exercise its discretion in determining appropriate hours of trading.’

In the light of those Authority and High Court decisions evidence of something more than an applicant finding it inconvenient to have to apply for special licences to trade beyond 1.00 am would be needed to persuade us to depart from the policy adopted by the Rodney District Council".

Hearing on 7 December 2000

5. Mr W T Shelford appeared on behalf of the applicant company. He acknowledged that the licensee company had not made any applications for special licences to trade later than 1.00 am since the previous hearing. His reason for repeating the request for a later closing hour was to enable the Wade Hotel to cater for young people, over the age of 18, who tend to go out at night around 10.00 pm and "party on" to a later hour than 1.00 am the following day. Mr Shelford said that at present these young people leave Silverdale and

surrounding areas to travel to Auckland where premises trade till later hours. If "younger drinkers" could be attracted to entertainment at the Wade Hotel any possibility of driving under the influence of alcohol would be minimised.

6. Mr Shelford had said the later closing time was sought so that the hotel could cater for private functions such as 21sts, 40ths, 50ths and wedding anniversaries. When it was put to him that the absence of applications for special licences to trade beyond 1.00 am for private functions might suggest that what he really wanted was the ability to continue trading on nights when the bar was reasonably full around 1.00 am, he agreed.
   
7. At the hearing Mrs Markovina as District Licensing Agency Inspector and Sergeant Hawkins for the Police both confirmed opposition to a closing time later than 1.00 am the following day, for the reasons set out in their written reports on the complete file.
   
8. Without repeating everything that we said in Decision 395/98 we can only repeat that Mr Shelford "has not satisfied us that an exception should be made for the Wade Hotel of trading hours greater than those authorised for other licensed premises on the Hibiscus Coast in line with Rodney District Council policy". The application for an extension of trading hours is refused.
   
9. When the on-licence for the Wellsford Inn next falls due for renewal the question of whether that premises warrants a later closing time than provided for by the Rodney District Council policy will have to be addressed by the District Licensing Agency.
   
10. Mrs Markovina reminded us that Rodney District is presently under the control of an appointed commissioner and that an election of new councillors will be held in March 2001. It may be that in 2001 the new council will want to review the Sale of Liquor policy formed in 1995 and confirmed in 1997.
    

Conclusion

11. In relation to the application for renewal of the on and off-licences for the Wade Hotel we are satisfied as to the matters to which we must have regard as set out in ss. 22 and 45 of the Act. We renew the licences to 15 May 2003, that date being three years from the last date of expiry.
    
12. In addition to renewal certificates a replacement off-licence will issue providing for trading hours for "across the bar" sales consistent with trading hours authorised in the on-licence.
    

DATED at WELLINGTON this day of 2000

_____________________________
Judge J P Gatley
Chairman WadeHotel.doc(nl)