Major v Murupara Rugby and Sports Club Incorporated [2008] NZLLA 399 (12 March 2008)

Last Updated: 5 April 2010

Decision No.PH 399/2008-
PH 400/2008

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 suspension or cancellation of club licence number 025/CL/17/2000 issued to MURUPARA RUGBY AND SPORTS CLUB INCORPORATED in respect of premises situated at Ngatimanawa Road, Murupara, known as "Murupara Rugby and Sports Club"

BETWEEN IAN PAUL MAJOR

(Whakatane District Licensing Agency Inspector)

Applicant

AND MURUPARA RUGBY AND SPORTS CLUB INCORPORATED

AND

IN THE MATTER of an application by MURUPARA RUGBY AND SPORTS CLUB INCORPORATED pursuant to s.64 of the Act for renewal of a club licence in respect of premises situated at Ngatimanawa Road, Murupara, known as "Murupara Rugby and Sports Club"

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at ROTORUA on 28 February 2008

APPEARANCES

Mr I P Major – Whakatane District Licensing Agency Inspector – applicant and in opposition to renewal of club licence
Mr B Bird – on behalf of respondent and applicant for renewal of club licence

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority are two applications for determination. The first application is by the Murupara Rugby and Sports Club Incorporated for the renewal of its club licence in respect of its premises at Murupara. The club is known as the "Murupara Rugby and Sports Club" (the Club).

[2] The Club has held a licence since 2000, and the authorised trading hours are as set out in the licence. There are different hours for Monday to Thursday and Friday and Saturday, as well as public holidays and Sundays. The licence fell due for renewal on 14 September 2007. The Police and the Medical Officer of Health offered no opposition to the renewal.

[3] The application has never been publicly notified as is required by the Act despite repeated requests from the District Licensing Agency Inspector. The Inspector has also sought notification of the change of Secretary as required by one of the conditions of the licence, again without success. The most significant matter was that in May last year the club was removed from the Register of Incorporated Societies.

[4] The Club has continued to trade. It has sold and supplied liquor despite being told that it no longer has any integrity because it is not a legal entity any longer. It does not officially exist. We understand of course that the Club itself exists as a sporting organisation. Because there was no response from the Club to the attempts by the Inspector to get the club moving on these particular issues, he was finally forced to file an application for the suspension or cancellation of the licence.

[5] That is the second matter before us. It is based on the ground that the Club’s premises have been conducted in breach of s.165 of the Act. That is the unauthorised sale of liquor because the club officially does not exist. The second ground alleges that there have been breaches of the condition of the licence in relation to the failure to notify the new Secretary.

[6] The Murupara Rugby and Sports Club has a long and proud tradition of service to its community. We understand that that service spans some 100 years. The Club has approximately 40 members. As with other amateur clubs throughout this country, we have no doubt it is a major contributor to the sporting and cultural fabric of their district. However the Club is subject to the law as is every other club in this country. Although people work hard to try and foster sport, and although they are not paid for their efforts, the fact remains that the holding of a licence is a privilege. Either the Club abides by the conditions which are contained within the licence, and the rules under the Act, or it loses the privilege.

[7] We have heard evidence from the Inspector and from Mr William Bird the President of the Club. We have been surprised at the lack of activity undertaken by the Club. We believe that as a result of the public hearing the Club is now aware of the probability that it will lose its licence unless it now takes the appropriate action.

[8] Without going into the detail of the history of the matter leading up to this hearing, the various issues to be resolved are as follows:

• [a] The club has yet to file a completed fire evacuation form which it is required to do under s.64(2)(d)(a) of the Act. One form has already been given to them. It may be that that has become mislaid. A second form is to be given to the Club and it is to be completed and returned within seven days of its receipt.
  
• [b] The Club is to publicly notify as it required to do under the Act, it's application for renewal of its licence. We understand that the notification has to be done twice, seven days apart in the Rotorua Post. Advertising will commence within the next 10 days.
  

[9] The Club has made some effort to become reinstated to the Register of Incorporated Societies. It has been in touch with Mr Barry J Lane of Isles Casey, Chartered Accountants in Rotorua. Whatever has been supplied has not been sufficient for the Registrar of Incorporated Societies. It is of some interest that the Club has not held an annual general meeting since 2004. Presumably its financial affairs are now being checked, so that proper records can be filed with the Registrar of Incorporated Societies.

[10] As long as the Club is not part of the register it does not exist, and therefore cannot hold a licence. Mr Bird, in the presence of at least 10 members of the Club, has given an unqualified undertaking that until such time as the Club is returned properly to the register, no liquor will be sold or supplied by the Club. All liquor will be removed from the Club's premises. If there is to be any activity involving the sale or supply of liquor between now and when the Club is returned to the register, then the Club will apply for a special licence.

[11] On the basis of that undertaking we are prepared not to decline the application today. Effectively it means that the licence is being suspended pending the return of the Club to the register. The two applications will be adjourned. They can be brought on at any time by the Inspector. If he finds of course that the undertaking has been broken then we are entitled to hear about that and make our rulings accordingly.

[12] The matter will be reviewed every six months to see what progress is being made. If we are not satisfied that appropriate progress is being made by the Club then the matter will be set down and the application for renewal will be refused.

[13] We hope the members of the Club have learned from the experience of the public hearing. We do not like to deprive clubs of the opportunity of being able to sell liquor but we will have no hesitation in doing so if we find that there is no effort made to abide with the Act.

[14] The applications are adjourned accordingly. We hope they can be resolved on the papers if and when the matters set out in this decision have been complied with. If the Club plays by the rules we intend to renew the licence in due course without any further sanction.

DATED at WELLINGTON this 12TH day of March 2008

B M Holmes
Deputy Secretary Murupara Rugby.doc(aw)