Raukaka Liquor Centre [2011] NZLLA 90 (28 February 2011)

Last Updated: 11 March 2011

[2011] NZLLA PH 90

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by RUAKAKA LIQUOR CENTRE LIMITED pursuant to s.31 of the Act for an off-licence in respect of premises situated at the corner of Marsden Point Road and Sime Road, Ruakaka, known as “Ruakaka Liquor Centre”

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at WHANGAREI on 11 February 2011

APPEARANCES

Mr D B Boesser – on behalf of applicant
Mr R M Mussle – Whangarei District Licensing Agency Inspector – in opposition
Sergeant H Clement – NZ Police – to assist

RESERVED DECISION OF THE AUTHORITY

[1] This decision relates to an application by Ruakaka Liquor Centre Limited for an off-licence in respect of premises situated at the corner of Marsden Point and Sime Roads, Ruakaka known as “Ruakaka Liquor Centre”.

[2] The application was heard at the same time as an application by Marsden Tavern Limited for an off-licence in respect of the bar sales at the tavern at the adjacent “Ruakaka Tavern”.

[3] This application relates to an independent liquor store.

The applicant

[4] The sole shareholder of the applicant is WWP Trustees 2009 Limited whose director is Wayne Wesley Peters. According to the Inspector, the director of the applicant is Carolyn Duxbury-Woods. Mrs Duxbury-Woods is the wife of Alan William Woods and the trustee shareholder effectively holds all the shares in Ruakaka Liquor Centre Limited on behalf of the Alan William Woods family.

Opposition

[5] The Inspector opposed the application. He was of the opinion that the applicant was the same entity or was strongly associated with Marsden Tavern Limited which holds the on-licence for the “Ruakaka Tavern” and which has made an application for an off-licence for over the bar sales at the “Ruakaka Tavern.” Previously, Marsden Tavern Limited held an off-licence in respect of the bottle store which is the subject of this application.

[6] Marsden Tavern Limited had an unenviable history. On three occasions in 2006, 2007 and 2008 it failed controlled purchase operations resulting in suspensions of its off-licence. Each of the failed controlled purchase operations related to activities at the bottle store which is the subject of this application.

[7] Notwithstanding the failed controlled purchase operations, in 2009 the District Licensing Agency renewed the off-licence then held by Marsden Tavern Limited without opposition. Thus, it conceded that Marsden Tavern Limited was a suitable person to hold an off-licence.

Decision of Authority and reasons

[8] The applicant is not of the same entity as Marsden Tavern Limited. Its shareholder does not hold shares in Marsden Tavern Limited although interests associated with Alan William Woods hold a one third interest in Marsden Tavern Limited.

[9] Simply because Marsden Tavern Limited failed three controlled purchase operations does not necessarily mean that the applicant is not suitable to hold an off-licence. Indeed, if the District Licensing Agency conceded that Marsden Tavern Limited (with its unenviable history) was suitable to hold an off-licence then it is difficult for the Inspector to argue that Ruakaka Liquor Centre Limited lacks suitability in terms of s.35. Mr Mussle, the Inspector, conceded this in evidence.

[10] The Authority is satisfied that the applicant is suitable to hold an off-licence.

[11] Accordingly, the application for the off-licence is granted.

DATED at WELLINGTON this 28TH day of February 2011

Maria Galvin
Deputy Secretary

Ruakaka Liquor Centre.doc(aw)