Whittle v Golden Gate Supermarket and Wholesalers Limited [2003] NZLLA 139 (13 March 2003)

New Zealand Liquor Licensing Authority

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Whittle v Golden Gate Supermarket and Wholesalers Limited [2003] NZLLA 139 (13 March 2003)

Last Updated: 21 February 2010

Decision No. PH 139/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.132 of the Act for cancellation of off-licence number 007/OFF/66/97 issued to GOLDEN GATE SUPERMARKET AND WHOLESALERS LIMITED in respect of premises situated at 8-12 Teed Street, Newmarket, Auckland, known as “Golden Gate Supermarket and Wholesale”

BETWEEN GARY SELWYN WHITTLE (Auckland District Licensing Agency Inspector)

Applicant

AND GOLDEN GATE SUPERMARKET AND WHOLESALERS LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at AUCKLAND on 25 February 2003

APPEARANCES

No appearance by or on behalf of the respondent
Mr G S Whittle – Auckland District Licensing Agency Inspector - applicant

ORAL DECISION OF THE AUTHORITY

[1] This is an application by an Auckland District Licensing Agency Inspector for the cancellation of an off-licence which was held by Golden Gate Supermarket and Wholesalers Limited.

[2] The company was first granted an off-licence on or about 18 December 1997. The licence is currently renewed until 18 December 2004. The premises were operated as a supermarket or grocery store, with the right to make off sales of wine, beer and mead.

[3] The basis for the application for cancellation, is that the conduct of the licensee is such as to show that it is not a suitable entity to hold the licence. In particular it is alleged that the company has been placed in liquidation owing the Inland Revenue Department approximately $125,000. Furthermore the evidence shows that the respondent has ceased trading at the address. The premises is now an Asian Food Court with an on-licence.

[4] In Bentleys Bar and Café Limited (in liquidation) LLA 500/97, 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 adjudicator bankrupt would be in a similar position if he or she sought a licence.

[5] In this case Mr G S Whittle, the applicant, has produced a certificate confirming the liquidation of the respondent company.

[6] In those circumstances we are satisfied that the ground for the application has been made out, and that it is desirable to make an order.

[7] Off-licence number 007/OFF/66/97 issued to Golden Gate Supermarket and Wholesalers Limited is now cancelled.

DATED at WELLINGTON this 13th day of March 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Golden Gate Supermarket.doc(afw)