Muddy Waters [2003] NZLLA 426 (18 June 2003)

Last Updated: 22 July 2010

Decision No. 426/2003 –
427/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications by GERMAR LIMITED pursuant to ss. 18 and 41 of the Act for the renewal of on and off-licences in respect of premises situated at Mercer Country Stop, Riverbank Road, Mercer known as "Muddy Waters Irish Pub & Restaurant"

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

These are applications by Germar Limited for renewal of on and off-licences in respect of premises situated at Mercer Country Stop, Riverbank Road, Mercer, known as "Muddy Waters Irish Pub & Restaurant".

The applications were duly advertised and no objection or notice of desire to be heard has been received. There is no opposition to the applications from the Police or Medical Officer of Health.

A report from the Inspector for the Franklin District Licensing Agency opposes the applications. This opposition is based upon the failure by the licensee to obtain the counter-signature of a Fire Safety Officer of the New Zealand Fire Service on a statement provided pursuant to ss.18(2)(da) and 41(2)(da) of the Sale of Liquor Act.

Those sections provide that every application for renewal of an on and/or off-licence shall:

“ ... be accompanied by a statement by the applicant that—

(i) The building in which the premises are situated has an evacuation scheme for public safety which meets the requirements of section 21A of the Fire Service Act 1975; or

(ii) The building by reason of its current use, does not require such a scheme”.
Such statements accompany these applications. The statute does not require that they be endorsed by a member of the New Zealand Fire Service.

Section 134(1) of the Act provides that:

“(1) Where any ... member of the fire service established under the Fire Service Act 1975
authorised to undertake fire safety inspections has reason to believe that, because of
the failure of the holder of any on-licence ... to comply with any requirements relating to
... the escape of people in the event of fire (whether in accordance with an evacuation
scheme for public safety which meets the requirements of section 21A of the Fire
Service Act 1975 or by other means) ... their safety is likely to be endangered, the ...
member of the fire service may apply to the District Licensing Agency for the
suspension of the licence.”

There is no indication that any such application has been lodged with the Agency.

The Inspector’s report reveals that the business has been operated in compliance with the requirements of the Act.

Sections 20(2) and 43(2) of the Act require that an inspector must inquire into any application for renewal and file with the District Licensing Agency a report. Notwithstanding that, in this instance, that report raises matters in opposition, it does not have the same status as objections which may be attracted by public notification; and there is no mandatory requirement to convene a public hearing. Accordingly, we will deal with these matters on the papers.

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 until 25 July 2005, that being three years from the first anniversary of the licences, and authorise the issue of notices of renewal.

DATED at WELLINGTON this 18th day of June 2003

___________________
B M Holmes
Deputy Secretary

Muddy Waters.doc(nl)