Counties Inn (2007) Limited, re [2008] NZLLA 1470 (24 October 2008)

New Zealand Liquor Licensing Authority

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Counties Inn (2007) Limited, re [2008] NZLLA 1470 (24 October 2008)

Last Updated: 10 February 2010

Decision No. PH 1470-1471/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications by COUNTIES INN (2007) LIMITED pursuant to s.18 and s.41 of the Act for renewal of on and off-licences in respect of premises situated at 17 Paerata Road, Pukekohe, known as "Counties Inn"

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Ms J D Moorhead

HEARING at PUKEKOHE on 21 October 2008

APPEARANCES

Mr S L Taylor - on behalf of applicant
Sergeant G J Campbell – NZ Police – to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority are applications by Counties Inn (2007) Limited pursuant to ss.18 and 41 of the Act for renewal of on and off-licences in respect of premises situated in Pukekohe known as "Counties Inn". The company is a private company. Mr Maxwell Colin Taylor and his wife Mrs Suzanne Beryl Taylor are the two directors.

[2] The two licences were granted in 10 July 2007, and the renewal applications were filed in time. "Counties Inn" is a multi use site spread over 1.5 hectares in Pukekohe. The hotel has 20 accommodation rooms, a jazz restaurant and bar which seats 70 patrons, and three conference rooms suitable for 200 guests. The main licensed area at the front of the premises houses a sports bar with a TAB and a gaming room. There is also a self contained wholesale.

[3] The business trades as a hotel with trading hours at any time on any day to lodgers and guests, and between 9.00 am and 1.00 am the following day to any other person. No changes are sought to the conditions of the licences.

[4] There was no opposition from the Police or from the Medical Officer of Health in respect of the on-licence. There was no opposition from the District Licensing Agency Inspector. He noted that in the Counties Manukau region the Police collect statistics on alcohol related offending. Based on this information the premises in the district are given a ranking, and those that come under Police attention are carefully monitored. The "Counties Inn" does not appear on the list of premises which the Police are currently monitoring.

[5] The Inspector visited the premises and noted that there were a sufficient number of persons holding General Managers' Certificates, and that the premises were well maintained. He also noted that the kitchen was large and well equipped, and capable of supplying a wide variety of food and in large quantities. The company has supplied a comprehensive host responsibility policy.

[6] The only reason that the two applications are before us is that public notification attracted notice of opposition from Mr Nicholas Harper. Mr Harper sent in an objection by email in which he referred to the company’s suitability. In the course of a relatively long objection, Mr Harper made a number of unsubstantiated allegations against both Mr and Mrs Taylor. The District Licensing Agency Inspector in his report said:

"I am satisfied that Mr Harper is determined in his opposition and has a valid basis for doing so".

[7] It transpires that there was no foundation for any of the allegations except one. That related to an incident involving Suzanne Beryl Taylor. She had been charged with driving with excess blood alcohol content. As a result there was an ancillary application for the suspension of her General Manager's Certificate. It was partly because of the enforcement application that the decision was made to hear both the application and the two renewals matters in a public forum.

[8] Mrs Taylor acknowledged that her conduct raised a question mark about her suitability, and a suspension period has been accepted. That application is to be resolved on the papers.

[9] At the public hearing Mr Harper failed to appear. It is clear therefore that not only are the allegations unsubstantiated, but Mr Harper has caused the company and its directors a considerable amount of expense and inconvenience.

[10] Mr Scott Taylor appeared as a licensing consultant for the company. He indicated that a request for costs may be made. Pursuant to s.11 of the Commission of Inquiries Act 1908, we may order that the whole or any portion of the costs of the enquiry or of any party thereto, shall be paid by any of the parties to the enquiry, or by all or any of the persons who have procured the enquiry to be held. That is a matter for the future.

[11] What was not made clear was that Mr Nicholas Harper, together with his wife, was employed by the company in September 2007 to manage the "Counties Inn" on a contract basis. It soon became apparent to the directors of the company that Mr Harper was not suitable for the position, and after discussions their resignations were tendered and they gave a month's notice. However, they ceased working in October 2007 after leaving without warning, and prior to completing the notice period. Neither Mr Maxwell Colin Taylor or Mrs Suzanne Taylor, have had any further dealings with Mr Harper since that time, until the notice of opposition arrived.

[12] Mr Scott Taylor was somewhat critical of the fact that the objection had been accepted without apparent investigation. He requested us to remind Agencies of their obligation to satisfy themselves that an objector can show grounds for a legitimate objection. Regrettably, the District Licensing Agency Inspector, (for reasons beyond his control), was unable to be present.

[13] In his absence it would be inappropriate to make comment. However, it is worth pointing out that pursuant to ss.19 and 42 of the Act, the only persons who can object to the renewal of an on and/or off-licence, are those who have a greater interest in the application than the public generally. Unless the objector was objecting as an ex-employee, then it is doubtful that he could have shown he had proper status at any event.

[14] We have now heard evidence from both directors of the company. They own three other relatively substantial licensed premises in New Zealand. They have never had any enforcement proceedings lodged against their operation or management of any business. It is clear that the company has satisfied all the criteria set out in ss.22 and 45 of the Act. We have no hesitation in confirming that each licence will be renewed for the maximum period of three years.

DATED at WELLINGTON this 24th day of October 2008

B M Holmes
Deputy Secretary

Counties Inn.doc(aw)