Clarke v Laird Holdings Limited [2005] NZLLA 86 (2 March 2005)

Last Updated: 20 February 2010

Decision No. PH 086-87/2005

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 the variation or suspension of on-licence number 017/ON/04/2001 issued to LAIRD HOLDINGS LIMITED in respect of premises situated at 233 Leith Place, Tokoroa, known as “Vegas Gaming Lounge”

BETWEEN ANTHONY CLARKE

(Police Officer of Tokoroa)

Applicant

AND LAIRD HOLDINGS LIMITED

Respondent

AND

IN THE MATTER of an application by MATAPAARIKI BENNION pursuant to s.123 of the Act for the renewal of a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at HAMILTON on 2 February 2005

APPEARANCES

Senior Constable A W J Clarke - NZ Police – applicant and in opposition to application for renewal of manager’s certificate

Mr R W Murphy - agent for respondent and applicant for renewal of manager’s certificate
Mr D Fabrie - South Waikato District Licensing Agency Inspector - to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority are two applications. The first application is an enforcement application brought by the Police pursuant to s.132 of the Act. The application is for the variation or suspension of an on-licence issued to Laird Holdings Limited in respect of premises situated at 233 Leith Place, Tokoroa, known as “Vegas Gaming Lounge”.

[2] The second application is brought by Matapaariki Bennion for the renewal of his General Manager’s Certificate.

[3] The enforcement application arises from a visit on 1 October 2004, by the Police to the “Vegas Gaming Lounge”. During the course of the visit, two persons were alleged to be intoxicated on the premises. Mr Bennion was the duty manager at the time. He was spoken to, and indicated that he had been trying to remove the two persons for some time.

[4] As a consequence, the Police brought the application based on the ground that the licensed premises had been conducted in breach of ss.166(1) and 167(1) of the Act.

[5] Mr R W Murphy of Liquor Licensing Bureau Limited, has received instructions. As a consequence, there was a meeting between Senior Constable A W J Clarke who holds the responsibility for the liquor licensing portfolio in Tokoroa, and Mr Dirk Fabrie the District Licensing Agency Inspector. In addition Mr Gillon a director of the licensee company was present, as was Mr Murphy.

[6] Following the meeting on 27 January 2005, the parties agreed that the licensee would arrange a staff training seminar for all the staff at the “Vegas” premises, and would advise both Senior Constable Clarke and Mr Fabrie should they wish to attend. It was accepted that Mr Bennion would complete a further full course of training under the Sale of Liquor Act, and Host Responsibility.

[7] Thirdly, it was accepted that the bar would close service of alcohol at 1.00 am with all patrons to be off the premises by 2.00 am. Following this proposal the Police have agreed that the enforcement application can be adjourned for a period of three months. A review meeting has now been set for Wednesday 27 April 2005, at the South Waikato District Council chambers.

[8] Finally it is understood that if the Police are then satisfied with the operation of the premises, then the application for the suspension of the on-licence will be withdrawn. Furthermore, the objection which was lodged against Mr Bennion’s renewal application, would also be withdrawn. It is expected that in those circumstances, a “papers” decision would follow.

[9] It was also accepted by the parties that the existing hours of trading hours would not be formally changed on the licence. It was acknowledged that it was possible that depending on the outcome of the three month adjournment period, and the monitoring, the Police might agree to allow the hours to continue as they are. It was also accepted by the parties that if all other premises in Tokoroa agree to a reduction in closing hours, then the licensee company would also consider agreement to match those other premises. It is understood that the existing licence does have somewhat conservative hours of trading compared to others which have the right to close later.

[10] On the basis of the agreement reached by the parties, both applications are now adjourned. A further public hearing can be called upon seven working days notice being given by any party.

DATED at WELLINGTON this 2nd day of March 2005

Judge E W Unwin Mr J C Crookston
Chairman Member

Vegas Gaming Lounge.doc(aw)