Papatoetoe [2010] NZLLA 672 (23 June 2010)

Last Updated: 25 June 2010

[2010] NZLLA 672

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by PAPATOETOE HUNTERS CORNER BOWLING CLUB INCORPORATED pursuant to s.64 of the Act for renewal of a club licence in respect of premises situated at 25R Kingswood Road, Papatoetoe, Manukau City, known as "Papatoetoe Hunters Corner Bowling Club"

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Dr J Horn
Ms J D Moorhead

DECISION

This is an application by Papatoetoe Hunters Corner Bowling Club for renewal of a club licence in respect of premises situated at 25R Kingswood Road, Papatoetoe, Manukau City. The club has held a licence for many years, and no changes are sought to its conditions.

The Police and Medical Officer of Health raise no matters in opposition to renewal.

The application was duly advertised and no objection or notice of desire to be heard has been received. However, the District Licensing Agency Inspector has some misgivings in relation to membership of the club. Membership is based upon a tiered system with some classes of members paying a lower annual subscription in return for not having any voting rights. The stratum of membership that particularly exercises the Inspector’s mind is that described as ‘social members’.

The Agency Inspector contends that such a membership differentiation is inappropriate and he has recommended that the application be referred to the Authority for determination.

Following a remit proposed by the club’s executive on 4 April 2001, social membership was included in the club’s constitution by way of an amendment duly approved by the Registrar of Incorporated Societies. We can find nothing intrinsically wrong with the system of membership adopted by the club. We are satisfied that the amendment was democratically arrived at.

Accordingly we deal with the matter on the papers.

We are satisfied as to the matters to which we must have regard as set out in s.68 of the Act. We renew the licence on the existing terms and conditions until 19 December 2012, that being the anniversary date of the licence and three years from the most recent date of expiry, and we authorise the issue of a notice of renewal.

DATED at WELLINGTON this 23rd day of June 2010

_____________________
B M Holmes
Secretary

Papatoetoe Hunters Corner BC.doc(ab)