Eltham Rugby Football Club [2011] NZLLA 233 (22 March 2011)

Last Updated: 7 April 2011

[2011] NZLLA 233

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ELTHAM RUGBY FOOTBALL CLUB INCORPORATED pursuant to s.64 of the Act for renewal of a club licence in respect of premises situated at Railway Street, Eltham, known as "Eltham Rugby Football & Netball Club"

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Ms J D Moorhead

DECISION

This is an application by Eltham Rugby Football Club Incorporated for renewal of a club licence in respect of premises situated at Railway Street, Eltham, known as "Eltham Rugby Football & Netball Club".

Advertising did not attract any public objection and the Police and Medical Officer of Health do not oppose renewal. However, the District Licensing Agency Inspector’s report revealed that the club had been removed from the Register of Incorporated Societies in 2008, presumably for failure to file an annual return. The matter was referred to the Authority for determination.

Our secretariat wrote to the applicant on 22 December 2010 explaining that without proof of incorporation the entity to which the licence had been issued had ceased to exist and all liquor sales made since de-registration would have been unlawful.

The club has now provided evidence of reinstatement on the Register of Incorporated Societies and there is no further impediment to renewal. 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 9 June 2013, 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 22ND day of March 2011

B M Holmes
Secretary

Eltham RFC.doc(ab)