Smale v Mamaku Services and Citizens Club [2012] NZLLA 573 (24 May 2012)

Last Updated: 4 July 2012

[2012] NZLLA PH 573-574

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications pursuant to s.132 of the Act for cancellation of club licence number 012/CL/052/2003 and off-licence number 023/OFF/0042/2000 issued to MAMAKU SERVICES AND CITIZENS COMMUNITY CLUB INCORPORATED in respect of premises situated at Mamaku Street, Mamaku, known as “Mamaku Services and Citizens Club”

BETWEEN JULIE ANN SMALE

(Rotorua District Licensing Agency Inspector)

Applicant

AND MAMAKU SERVICES AND CITIZENS COMMUNITY CLUB INCORPORATED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at ROTORUA on 16 May 2012

APPEARANCES

Ms J A Smale – Rotorua District Licensing Agency Inspector – applicant
No appearance by or on behalf of respondent

DECISION OF THE AUTHORITY

[1] This application for the cancellation of the club and off-licence issued to the respondent alleged that the premises had been conducted in breach of s.60(1) of the Sale of Liquor Act 1989 which provided that it was a condition of every club licence that there should at all times be a secretary of the club.

[2] The evidence of Ms Smale indicated that on 20 October 2011 written advice was received to the effect that the chairperson and secretary of the club had resigned and that there would be a new secretary appointed. This has not occurred. Indeed, it seems that the club is no longer operating.

[3] As the off-licence is linked to the club licence, without the club licence it cannot operate.

[4] In accordance with s.132(6) of the Act it is desirable that both licences be cancelled. Accordingly, both the respondent’s club licence and off-licence are cancelled.

DATED at WELLINGTON this 24TH day of May 2012

B M Holmes
Secretary

Mamaku.doc(aw)