Campbell v Minibar Malbas Pool Hall [2011] NZLLA 638 (11 July 2011)

Last Updated: 4 August 2011

[2011] NZLLA PH 638-640

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 of on-licence number 039/ON/14/2010 issued to CONSOLIDATED HOLDINGS LIMITED in respect of premises situated at 51 Main Street, Palmerston North, known as “Minibar Malbas Pool Hall”

AND

IN THE MATTER of an application pursuant to s.132 of the Act for suspension or cancellation of on-licence number 039/ON/9/2009 issued to BRAE COURT INVESTMENTS LIMITED in respect of premises situated at 12-18 Rangitikei Street, Palmerston North, known as “Malbas Bar”

BETWEEN MICHELLE LEE CAMPELL

(Police Licensing Officer of Palmerston North)

Applicant

AND CONSOLIDATED HOLDINGS LIMITED

First respondent

AND BRAE COURT INVESTMENTS LIMITED

Second respondent

AND

IN THE MATTER of an application by BRAE COURT INVESTMENTS LIMITED pursuant to s.18 of the Act for renewal of an on-licence in respect of premises situated at 12-18 Rangitikei Street, Palmerston North, known as “Malbas Bar”

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at PALMERSTON NORTH on 5 July 2011

APPEARANCES

Sergeant S M Oram – NZ Police – applicant
Mr C P Brosnahan – for respondents
Mrs L D Kroll – Palmerston North District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] This decision relates to three applications. There is an application for the suspension of the on-licence issued to Consolidated Holdings Limited. There is also an application for the suspension of the on-licence issued to Brae Court Investments Limited. Finally, there is an application by Brae Court Investments Limited for the renewal of its on-licence. As a result of negotiations between the parties, a settlement has been agreed. As part and parcel of the settlement Consolidated Holdings Limited and Brae Court Investments Limited have jointly and severally undertaken as follows:

“[a] Not to sell or supply alcohol cocktails in teapots with more than 500 ml capacity in either Malbas Minibar or Malbas Pool Hall;

[b] If teapots are sold, they will not be discounted in accordance with the national protocol on liquor promotions and any sales will only be to groups of two or more patrons;

[c] That it will cease all promotions offering discounts to patrons of more than 15% off the current standard price and that the standard price shall not be decreased. For clarification, $4.00 will be the minimum price but for drinks such as Jagerbombs, Jagerbulls or Vodkabulls, the minimum price will be $6.00;

[d] That any discount promotion will not be for a period longer than two (2) hours in any 24 hour period;

[e] That it will comply with the National Protocol on Alcohol promotions other than in the case of Happy Hour which may occur between 10 pm and 12 am or earlier. In the event that the licensee is unsure as to whether or not a promotion will comply with the Sale of Liquor Act or the National Protocol, the licensee will approach the Alcohol Harm Reduction Regulatory Group for their opinion.”

[2] The foregoing undertakings indicate that each of the s.132 of the Act applications claims that the respective licensed premises have been conducted in breach of s.154A of the Act and that the conduct of each licensee is such as to show that it is not suitable to hold the licence.

[3] In respect of the application affecting Consolidated Holdings Limited, the respondent has agreed that the grounds have been made out and that in accordance with s.132(6) of the Act it is desirable that an order be made. Accordingly, by consent the on-licence issued to Consolidated Holdings Limited is suspended for 24 hours commencing 7.00 am on Friday 29 July 2011.

[4] As a result of the foregoing undertakings given by Brae Court Investments Limited the application for the suspension of its on-licence is withdrawn by leave.

[5] The on-licence issued to Brae Court Investments Limited is renewed for 18 months commencing 27 February 2011.

[6] Whilst the Authority notes the undertakings given by Consolidated Holdings Limited and Brae Court Investments Limited, the Authority records that adherence to those undertakings will not necessarily mean that s.154A of the Act has been complied with. Obviously each situation must be considered on its own merits. Section 154A of the Act provides that anyone who promotes any event or activity on the licensed premises “that is intended or likely to encourage persons on the licensed premises to consume alcohol to an excess extent” commits an offence.

DATED at WELLINGTON this 11th day of July 2011

B M Holmes
Secretary

Malbas Bar.doc(aw)