Burgess v Hughes [2005] NZLLA 226 (22 April 2005)

Last Updated: 2 March 2010

Decision No. PH 226-228/2005

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for the cancellation of General Manager’s Certificate number GM/2122/90 issued to MAXWELL ERNEST BAY HUGHES

BETWEEN RONALD FRANCIS BURGESS

(Western Bay of Plenty District Licensing Agency Inspector)

Applicant

AND MAXWELL ERNEST BAY HUGHES

Respondent

IN THE MATTER of an application by MAXWELL ERNEST BAY HUGHES pursuant to s.123 of the Act for the renewal of a General Manager’s Certificate

AND

IN THE MATTER of an application pursuant to s.132 of the Act for the cancellation of off-licence number 022/OFF/15/00 issued to WINE CASE NZ LIMITED in respect of premises situated at 170 Omokoroa Road, Omokoroa known as “Wine Case NZ Limited”

BETWEEN RONALD FRANCIS BURGESS

(Western Bay of Plenty District Licensing Agency Inspector)

Applicant

AND WINE CASE NZ LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at TAURANGA on 14 April 2005

APPEARANCES

Mr R Burgess - Western Bay of Plenty District Licensing Agency Inspector - applicant
Mr A Dormer - for respondent

ORAL DECISION OF THE AUTHORITY

[1] There are three matters currently before the Authority. The first is an application brought by the Western Bay of Plenty District Licensing Agency Inspector, for the cancellation of an off-licence issued to Wine Case NZ Limited in respect of premises situated at Omokoroa, known as “Wine Case NZ Limited”.

[2] There is a further application for the cancellation of a General Manager’s Certificate issued to Mr Maxwell Ernest Bay Hughes. That application is also brought by the Inspector.

[3] The third matter is an application by Mr Hughes for the renewal of his General Manager’s Certificate.

[4] The grounds for the applications relate generally to allegations of the manager’s improper conduct of the premises. Mr Dormer represents both the company and Mr Hughes. He has advised the Authority that the premises in question have been sold with settlement due to take effect on 30 June 2005. Accordingly he has sought an adjournment of the applications which would be rendered nugatory if the sale proceeds as planned.

[5] Mr Burgess agrees with the adjournment on the basis of a number of preconditions. It is understood and accepted that Mr Hughes will hereafter employ a certificated general manager to run the business pending the take over on 30 June 2005. That is a person who is the holder of General Manager’s Certificate other than himself. It is understood and accepted that once the sale of the business has been completed, the application for the renewal of the General Manager’s Certificate by Mr Hughes will be withdrawn.

[6] The third matter relates to the condition that if and when a new off-licence is granted to the purchaser of the business, the current off-licence will be surrendered.
[7] On the basis of the acceptance of these conditions, the applications are accordingly adjourned. They may be brought on at the request of either party on 10 working days notice.

DATED at WELLINGTON this 22nd day of April 2005

Judge E W Unwin Mr J C Crookston
Chairman Member

Wine Case NZ.doc(aw)