Kings [2003] NZLLA 56 (17 February 2003)

Last Updated: 9 July 2010

Decision No. 56/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by KINGS COLLEGE TRUSTEES for an on-licence pursuant to s.7 of the Act in respect of premises situated at 41 Golf Avenue, Otahuhu, Auckland, known as "King’s College"

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

This is an application by Kings College Trustees, a body established in 1961 and incorporated as a Board under the provisions of the Charitable Trusts Act 1957. As such, the applicant is deemed to be a trustee within the meaning of the Trustee Act 1956. Section 8(1)(g) of the Sale of Liquor Act 1989 provides:

“(1) An on-licence may be held by –
(g) Any trustee within the meaning of the Trustee Act 1956.”

The application is made to enable the Board of Governors of King’s College to provide liquor at functions organised in relation to institutional activities. These include, but are not exclusively, parent/teacher gatherings, formal dinners, fundraising events, conferences and seminars.

There is no intention to operate the facility as a function centre for the general public, nor is it proposed to hire out the licensed premises to any outside person or organisation. Access to licensed areas will be restricted to staff, parents and guests of the college, and to Holiday Course registrants.

Public notification of the application did not attract any objections or notices of desire to be heard. There is no opposition from the Medical Officer of Health, and the District Licensing Agency Inspector supports the application.

A report from the Police opposes the application. The report raises concerns that the establishment of a licensed facility in an educational institution of this nature sends a negative message. Police resources are said to be used extensively to illustrate the risks of alcohol in schools, and the report suggests that approval of an on-licence in this instance may come into conflict with that strategy. The Police fear that there may be the possibility for liquor abuse from students.

We have no doubt that the Police misgivings are genuine and well intentioned. On the other hand, licensed premises are a fact of life in contemporary society, and it could be argued that the presence of such an activity is part of the learning process. Given the business description provided by the applicant, and in light of the favourable report from the Agency Inspector, we do not consider it necessary to convene a public hearing under s.106(1) of the Act.

It will be noted that, pursuant to s.11(3) of the Act, the Police are required to inquire into any application for an on-licence and report “ ... any matters in opposition ...”. Such reports do not have the status of objectors requiring the convening of a public hearing. Accordingly, we have determined to grant the application on the papers.

We are satisfied as to the matters to which we must have regard as set out in s.13 of the Act, and we grant the applicant an on-licence. A copy of the licence setting out the conditions to which it is subject is attached to this decision.

The licence may issue immediately.

The applicant's attention is drawn to s.25 of the Act obliging the holder of an on-licence to display:-

1. A sign attached to the exterior of the premises, so as to be easily read by persons outside each principal entrance, stating the ordinary hours of business during which the premises will be open for the sale of liquor AND
   
2. A copy of the licence, and of the conditions of the licence, attached to the interior of the premises so as to be easily ready by persons entering through each principal entrance.
   

DATED at WELLINGTON this 17th day of February 2003

_____________________________
B M Holmes
Deputy Secretary

King’s College.doc(afw)