Law v Palace [2010] NZLLA 384 (20 April 2010)

Last Updated: 23 April 2010

Decision No.384/2010

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/397/2007 issued to PALACE CASINO LIMITED (in liquidation) in respect of premises situated at 75 Victoria Street West, Auckland, known as "The Palace"

BETWEEN BRYCE ROBERT LAW

(Police Officer of Auckland)

Applicant

AND PALACE CASINO LIMITED (in liquidation)

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

In decision NZLLA PH 1353/2009, following a public hearing at Auckland on 21 October 2009, we adjourned an application by the Police for cancellation of an on-licence. The application was brought following the placement in liquidation of the licensee, Palace Casino Limited.

It is common wisdom that the Authority considers any company that has been placed in liquidation to be unsuitable to hold a licence under the Act.

We were told that a new company, JM Auckland Limited, had been formed to operate the business and was currently trading under a temporary authority raised against the on-licence held by Palace Casino Limited.

With the acquiescence of the Police we adjourned the matter for approximately four months to give an opportunity for an application for a substantive on-licence to be completed.

The application has now been determined by the District Licensing Agency and our Secretary has been provided with a copy of the new on-licence issued in respect of the premises to JM Auckland Limited on 25 January 2010.

Accordingly, we now make the following order:

On-licence number 007/ON/397/2007, issued to Palace Casino Limited (in liquidation), is hereby cancelled.

DATED at WELLINGTON this 20TH day of April 2010

______________________
B M Holmes
Deputy Secretary

The Palace2.doc(ab)