The Alamo Bar and Saloon, re [2002] NZLLA 596 (24 October 2002)

Last Updated: 3 October 2010

Decision No. PH 596/2002

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by KEISHARN ENTERPRISES LIMITED pursuant to s.18 of the Act for renewal of an on-licence in respect of premises situated at 31 Alexandra Street, Hamilton, known as “The Alamo Bar & Saloon”

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr J C Crookston

HEARING at HAMILTON on 17 October 2002

APPEARANCES

No appearance by applicant
Mr T Van Der Heijden - Hamilton District Licensing Agency Inspector – in opposition
Senior Constable P H Doak - New Zealand Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Keisharn Enterprises Limited for the renewal of an
on-licence issued in respect of premises situated at 31 Alexandra Street, Hamilton. The premises were originally known as ‘The Fat Ladies Arms’. Subsequently, they became known as the ‘Alamo Bar & Saloon’. The applicant company Keisharn Enterprises Limited took over the ‘Alamo Bar & Saloon’ on or about 15 March 2001.

[2] Temporary authorities were issued in respect of the premises from time to time. On 10 October 2001, the District Licensing Agency held a public hearing to enquire whether the temporary authorities should continue to issue. The reasons for the hearing were that objections were lodged by the District Licensing Agency Inspector, and by the Police. Both enforcement agencies were concerned about the ownership of the business by a Mr Grant Wilson. At some stage during the lead up to the public hearing, Mr Wilson transferred his shares to a Jason Edward Blake and a Jody Williams.

[3] According to the evidence of Senior Constable Patrick Hugh Doak, the company was placed in liquidation on 10 October last. The premises, having been closed, were reopened with a new licence and a new name. There is no connection at all between the applicant company, and the new business. Senior Constable Doak has helpfully referred us to a previous decision of the Authority being Bentley’s Bar & Café Limited LLA 500/97. In that decision the Authority said:

“In considering the ordinary meaning of suitability we do not regard a company in liquidation as well fitted for the purpose, or that it is appropriate for it to be granted an on-licence. An adjudicated bankrupt would be in a similar position if he or she sought a licence.”

[4] The criteria which must be considered by this Authority on a renewal of any licence are contained in s.22 of the Act. These criteria are:

(a) The suitability of the licensee:

(b) The conditions attaching to the licence:

(c) The manner in which the licensee has conducted the sale and supply of liquor pursuant to the licence:

(d) Any matters dealt with in any report made under section 20 of this Act."

[5] In view of the background to this application, as detailed in the briefs of evidence prepared by the District Licensing Agency Inspector, and in view of the liquidation of the applicant company, we have no hesitation in declaring it to be unsuitable to be the holder of an on-licence.

[6] This conclusion is, to some extent, supported by the non appearance today of the applicant company.

[7] In light of that finding by the Authority, we have no hesitation in declining the application for renewal. It is accordingly refused.

DATED at WELLINGTON this 24th day of October 2002

Judge E W Unwin Mr J C Crookston
Chairman Member

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