Morris and Taylor v Piha Surf Life Saving Club [2012] NZLLA 1110 (9 October 2012)

Last Updated: 5 November 2012

[2012] NZLLA 1110

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 a club licence number 007/CL/6881/2011 issued to PIHA SURF LIFE SAVING CLUB INCORPORATED in respect of premises situated at 23 Marine Parade South, Piha, Auckland, known as "Piha Surf Life Saving Club"

BETWEEN AARON MORRIS

(Police Officer of Auckland)

AND BRIAN DENE TAYLOR

(Auckland District Licensing Agency Inspector)

Applicant

AND PIHA SURF LIFE SAVING CLUB INCORPORATED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Members: Mr D E Major
Mr R S Miller

DECISION

We have before us an application filed jointly by Constable A Morris of Henderson Police, and Mr B D Taylor, Auckland District Licensing Agency Inspector dated 8 March 2012, for suspension of a club licence.

The ground for the application is that the premises have been conducted in breach of the provisions of ss.167 and 168 of the Act – allowing persons to become intoxicated in licensed premises and allowing drunkenness or disorderly behaviour in licensed premises.

The application stems from an incident on the night of 25/26 February 2012 when, during a Police visit, a number of persons were located in the premises in varying states of intoxication from moderate to extreme.

The application also cites s.132(3)(b) of the Act, contending that the conduct of the licensee has been such as to show that it is not suitable to hold the licence. The contention is consequent upon a compliance visit to the club in December 2011 at which it was observed that persons present in the club’s premises were not members, or guests of members, or members of other clubs with reciprocal visiting rights.

The Police and District Licensing Agency take the view that by allowing members of the local community and others who are not club members to use the club’s premises and facilities freely the respondent is losing sight of the purposes for which the club exists and is “turning a blind eye to the Act and the good faith in which the Club Licence was issued.”

The respondent does not dispute the ground for the application and, by joint memorandum, the applicants and the club have agreed to a term of suspension of the club licence. Accordingly, we make the following order by consent:

Club licence number 007/CL/6881/2011, issued to Piha Surf Life Saving Club Incorporated, is suspended for five days from 11.00 am on Wednesday 24 October 2012 until 11.00 am on Monday 29 October 2012.

DATED at WELLINGTON this 9th day of October 2012

B M Holmes
Secretary

Piha SLSC.doc(ab)