Whittle v The Queens Head Tavern Limited (in liq) [2009] NZLLA 443 (24 April 2009)

New Zealand Liquor Licensing Authority

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Whittle v The Queens Head Tavern Limited (in liq) [2009] NZLLA 443 (24 April 2009)

Last Updated: 13 April 2010

Decision No. PH 443/2009

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 cancellation of on-licence number 007/ON/581/2008 issued to THE QUEENS HEAD TAVERN LIMITED (in liquidation) in respect of premises situated at 404 Queen Street, Auckland, known as "Queens Head Bar & Restaurant"

BETWEEN GARY SELWYN WHITTLE

(Police Licensing Administrator of Auckland)

Applicant

AND THE QUEENS HEAD TAVERN LIMITED (in liquidation)

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at AUCKLAND on 14 April 2009

APPEARANCES

Mr G S Whittle – NZ Police – applicant
No appearance by or on behalf of respondent

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application pursuant to s.132 of the Act for the cancellation of the on-licence issued to The Queens Head Tavern Limited (in liquidation) in respect of premises situated at 404 Queen Street, Auckland. The application is made by Gary Selwyn Whittle, a Licensing Administrator employed by the Police and stationed at the downtown Police Station.

[2] The grounds for the application are that the conduct of the licensee is such as to show that it is not a suitable person to hold the licence and in particular that Queens Head Tavern Limited was placed into liquidation on 29 January 2009 and is not currently trading.

[3] The on-licence 007/ON/581/2008 was issued on 16 October 2008.

[4] In Bentleys Bar & Café Limited LLA 500/97 the Authority said:

"In considering the ordinary meaning of suitability we do not regard a company in liquidation as well fitted for the purpose, or that it is appropriate for it to be granted an on-licence. An adjudicated bankrupt would be in a similar position if he or she sought a licence".

[5] Mr Whittle confirmed that the company was no longer trading. The application had been served upon the liquidators but there was no appearance for the company in liquidation at the hearing. Mr Whittle also advised that there had been no applications made for a temporary authority and that he had not received any communications from the liquidators.

[6] Accordingly on-licence number 007/ON/581/2008, issued to The Queens Head Tavern now in liquidation, is hereby cancelled.

DATED at WELLINGTON this 24th day of April 2009

B M Holmes
Deputy Secretary

Queens Head Bar.doc(aw)