Marsh v The Lounge Bar [2011] NZLLA 386 (5 May 2011)

Last Updated: 2 June 2011

[2011] NZLLA PH 386-389

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 suspension or cancellation of on-licence number 007/ON/430/2009 issued to NEW LIGHT TAYLOR LIMITED in respect of premises situated on the First Floor, 51 High Street, Auckland known as “The Lounge Bar”

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension or cancellation of General Manager's Certificate number GM 059/2007 issued to CHAMANDEEP SINGH

BETWEEN ANITA LEE MARSH

(Auckland District Licensing Agency Inspector)

Applicant

AND NEW LIGHT TAYLOR LIMITED

First respondent

AND CHAMANDEEP SINGH

Second respondent

AND

IN THE MATTER of an application by NEW LIGHT TAYLOR LIMITED pursuant to s.18 of the Act for renewal of an on-licence in respect of premises situated on the First Floor, 51 High Street, Auckland known as “The Lounge Bar”

AND

IN THE MATTER of an application by CHAMANDEEP SINGH pursuant to s.123 of the Act for renewal of a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at AUCKLAND on 2 May 2011

APPEARANCES

Ms A L Marsh – Auckland District Licensing Agency Inspector – applicant and in opposition to applications for renewal of on-licence and General Manager’s Certificate
Mr R V Allen - for respondents and applicants for renewal of on-licence and General Manager’s Certificate
Mr G S Whittle – NZ Police – to assist
Mrs A M Waru – on behalf of Medical Officer of Health – to assist

DECISION OF THE AUTHORITY

[1] This decision relates to four applications. The first, brought by the Inspector, seeks the suspension or cancellation of the on-licence issued to New Light Taylor Limited in respect of premises known as “The Lounge Bar”. The second seeks the suspension or cancellation of the General Manager's Certificate issued to Chamandeep Singh. The third is an application by New Light Taylor Limited pursuant to s.18 of the Act for renewal of its on-licence in respect of “The Lounge Bar” and for the variation of Condition (c) of the licence to extend the hours of opening from Monday to Sunday inclusive from 11.00 am to 6.00 am the following day. The final application is for the renewal of the General Manager's Certificate issued to Chamandeep Singh.

[2] The two enforcement applications raised issues in respect of the conduct of the premises in breach of licence conditions and suitability. In particular, there were allegations of insufficient food being available for consumption, insufficient low alcohol beverages being available, permitting more than 50 persons to be present on the premises, excessive noise complaints, and the sale or supply of spirits for consumption on the licensed premises otherwise than in a drinking vessel of a capacity not exceeding 500 millilitres (being a breach of s.169 of the Act).

[3] During the course of the hearing the parties negotiated a settlement. As part of that settlement it was agreed that the enforcement applications should be withdrawn and that the application for renewal and variation of the licence condition be amended to provide that on Sundays, Mondays, Tuesdays, Wednesdays and Thursdays liquor might be sold on the premises from 11.00 am to 4.00 am the following day and on Fridays and Saturdays from 11.00 am to 5.00 am the following day. However, in light of the circumstances that gave rise to the enforcement applications being filed the licensee has agreed to cease its on-licence activities for five consecutive days and Chamandeep Singh has agreed not to utilise his certificate for 28 consecutive days. Each agreement is to have been completed within three months from 2 May 2011. Finally, it was agreed that on Saturday and Sunday mornings the premises would be closed at 4.00 am but that patrons would be permitted to remain on the premises consuming liquor until 5.00 am. In addition, there would be the usual “drinking up” and clearing out times currently applicable.

[4] Accordingly, by consent, the Authority orders as follows:

• [a] Both enforcement applications are the application pursuant to s.132 of the Act for suspension or cancellation of the on-licence and the application pursuant to s.135 of the Act for the suspension or cancellation of the General Manager's Certificate are withdrawn by leave;
  
• [b] The application for the renewal of the General Manager's Certificate issued to Chamandeep Singh is renewed for three years from 30 April 2011.
  
• [c] The application for the renewal of the on-licence to New Light Taylor Limited is granted and Condition (c) of the licence will henceforth read for a period of three years from 17 August 2010 that:
  

“Liquor may be sold only on the following days and during the following hours:

(i) Sunday to Thursday 11.00 am to 4.00 am the following day;

(ii) Friday and Saturday 11.00 am to 5.00 am the following day;

Except that on the Thursday before Good Friday; and on Easter Saturday; and on Christmas Eve; and on the day before Anzac Day, liquor may only be sold between 11.00 am and 12.00 midnight.”

DATED at WELLINGTON this 5TH day of May 2011

B M Holmes
Secretary

Lounge Bar.doc(aw)