McGrogan v The Town House [2010] NZLLA 1393 (23 November 2010)

Last Updated: 17 December 2010

[2010] NZLLA PH 1393-1394

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications pursuant to s.132 of the Act for suspension or cancellation of on-licence number 020/ON/240/2009 issued to THE TOWN HOUSE LIMITED in respect of premises situated on the first floor, 11 Tuwharetoa Street, Taupo, known as “The Town House”

BETWEEN JAMES McGROGAN

(Police Officer of Taupo)

AND GRANT ALLAN SINGER

(Taupo District Licensing Agency Inspector)

Applicants

AND THE TOWN HOUSE LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Mr P M McHaffie

HEARING at TAUPO on 15 November 2010

APPEARANCES

Sergeant J McGrogan – NZ Police – applicant
Mr G A Singer – Taupo District Licensing Agency Inspector – applicant
Mr G A Paine – for respondent

DECISION OF THE AUTHORITY

[1] This decision relates to two applications under s.132 of the Act for suspension or cancellation of the on-licence issued to The Town House Limited. The Police application alleges that the licensed premises were conducted in an improper manner. In particular, there are allegations of the premises not being well managed and having become the source of crime, disorder and intoxicated drivers. In addition, the Police application alleges that the conduct of the licensee is such as to show that it is not suitable to hold the licence. The allegations pertaining to this second ground are the subject of defended criminal proceedings.

[2] The Inspector’s application alleges that the licensed premises have been conducted in breach of the licence in that liquor was sold on Good Friday. In addition there are allegations of excessive noise emanating from the premises and inappropriate promotion of liquor in Facebook.

[3] At the hearing the Authority was advised that the parties had reached an agreement as to how the applications should be dealt with. The respondent accepted that, except for those matters which are presently the subject of defended criminal proceedings, all grounds alleged in each application could be sustained. In the circumstances the respondent recognised in terms of s.132 (6) of the Act that it was desirable that the Authority should suspend the licence for agreed periods.

[4] As part of the agreement, the respondent agreed to forthwith file a new application for the renewal of its licence together with an application to extend the period for filing that application in terms of s.111 of the Act. The Inspector, on behalf of the District Licensing Agency, agreed and the Police agreed that both applications would be granted but that the period of renewal would be for a period of six months from 6 November 2010.

[5] The respondent undertook that during that period of renewal a suitably qualified manager, namely Mrs Beale, would be employed and become the general manager of the respondent. The respondent also agreed that a business mentor would be engaged. Finally, the respondent undertook to continue the existing one way door policy from 2.00 am to 3.00 am.

[6] By consent the respondent’s on-licence is suspended for the following four periods each consisting of a Friday and a Saturday until the premises close on the following day:

3 and 4 December 2010

10 and 11 December 2010

14 and 15 January 2011

4 and 5 February 2011

[7] For the avoidance of doubt, in each case the suspension commences on the relevant Friday and continues until 3.00 am on the Sunday following.

DATED at WELLINGTON this 23RD day of November 2010

B M Holmes
Secretary

The Town House.doc(aw)