Tavern Casino Limited, re [2005] NZLLA 435 (15 June 2005)

Last Updated: 8 April 2010

Decision No. PH 435-436/2005

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications by TAVERN CASINO LIMITED pursuant to ss.41 and 18 of the Act for the renewal of on and off-licences in respect of premises situated at 129-133 Franklin Road, Ponsonby, Auckland known as “Birdcage Tavern”

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at AUCKLAND on 7 June 2005

APPEARANCES

No appearance by or on behalf of applicant
Mr G S Whittle – Auckland District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority are two applications by Tavern Casino Limited for the renewal of the company’s on and off-licences. The premises to which the licences are attached are situated in Franklin Road, Ponsonby and are known as “Birdcage Tavern”.

[2] The position is that the District Licensing Agency considered the applications following their receipt. The Agency heard that the premises were no longer operating. A visit was conducted to the premises, and a notice was displayed saying that the “Birdcage Tavern” was closed for business until further notice. Further information was received that there had been a rental default, and the applicant for the renewal had been locked out, due to non-payment of rent.

[3] A new operator made application for a temporary authority in respect of the premises, and temporary authorities for the on and off-licence were duly granted. The Authority has now received evidence that new on and off-licences have been granted to Purple House Limited in respect of the premises known as “Birdcage Tavern”.

[4] Accordingly, taking into account the criteria set out in ss. 22 and 45 of the Act, particularly on the issue of suitability, a renewal of the on an off-licence is not appropriate, and the applications are refused.

DATED at WELLINGTON this 15th day of June 2005

Judge E W Unwin Mr J C Crookston
Chairman Member

Tavern Casino Ltd.doc(aw)