Little Black Corner [2010] NZLLA 844 (10 August 2010)

Last Updated: 12 August 2010

[2010] NZLLA PH 844

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by HUMBLE INVESTMENTS LIMITED pursuant to s.9 of the Act for an on-licence in respect of premises situated at 70 Maunganui Road, Mount Maunganui, known as “Little Black Corner”

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at TAURANGA on 3 August 2010

APPEARANCES

Mr R W Murphy - agent for applicant
Sergeant N P McGlone - NZ Police - in opposition
Ms D M Jurgeleit - Tauranga District Licensing Agency Inspector - in opposition

Objectors
Mr L Riddell
Mr D S Beard (for the Beard Family Trust)
Mr J F Watson
Mr C Langlands

RESERVED DECISION OF THE AUTHORITY

[1] This application was initially heard at Tauranga on 13 April 2010 (see [2010] NZLLA PH 410). On that occasion the Authority adjourned the application in order that the various matters contained in its decision might be attended to.

[2] At the hearing, Sergeant McGlone indicated that the Police no longer opposed the application.

[3] After hearing the evidence for the applicant and upon giving evidence herself, the Inspector decided that she could no longer oppose the application. In the course of giving evidence Ms Jurgeleit indicated that she opposed the proposed hours of operation. She had not given written notice of her opposition in this regard. The Authority refused to accept such evidence as to have done so would have been a breach of natural justice. The applicant was entitled to know in advance the nature of any opposition and have been able to prepare accordingly.

[4] Mr Beard, one of the objectors, made a written submission which was presented to the hearing by Ms Riddell, who supported it. At the hearing each of the suggestions proposed by Mr Beard were accepted by the applicant. There were no further submissions by Ms Riddell either on her own behalf or on behalf of Mr Beard at the hearing.

[5] Mr Langlands at the hearing elected not to pursue his objection further.

[6] Mr Watson continued with his objection and gave evidence. He indicated that he would have preferred the hours of operation to have been reduced but he conceded that he had not given written notice of this to the applicant. He stated that his main objection was that he was concerned that school children using the playground opposite the tavern could become subject to possible interference by patrons of the tavern. Notwithstanding the speculative nature of the objection, the Authority noted that the objection did not relate to any of the matters contained in s.13 of the Act. (Mr Watson acknowledged that some of the matters which he raised were matters that the Authority could not take into account).

[7] Subject to the foregoing comments, it was apparent to the Authority that the applicant had managed to satisfy all the objections. There was no longer any opposition by either the Police or the Inspector to the application. Evidence adduced on behalf of the applicant was adequate to satisfy the Authority that the matters raised in its earlier decision had been covered.

[8] The Authority remains concerned that the directors of the licensee are inexperienced. It recognises that the time has now arrived for them to gain the requisite experience and that this can be achieved if the application is granted. In particular, they need to consider s.115 of the Act and accept that the ultimate responsibility for managing the premises will be with the duty manager. This includes noise management and other host responsibility issues.

[9] The application is granted. In accordance with s.17(1) the licence will be for a term of one year which is in the nature of a probationary year and which will give all parties and any other affected persons the opportunity of observing how the licensee meets its statutory obligations in its management of the premises.

[10] The licence will not issue until the expiry of 20 working days from the date of this decision. That period is the time provided by s.140 of the Act for the lodging of a notice of appeal. The company is not allowed to sell liquor until the licence is issued.

DATED at WELLINGTON this 10TH day of August 2010

B M Holmes
Secretary

Little Black Corner.doc(aw)