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Club License Objection: Liquor Licensing Authority (LLA) Hearing
The Branch objected to the license renewal of the Kamo Club and the case went to a hearing in Whangarei on Thursday 25 March. The Branch was represented by HANZ legal advisor Alyn Higgins.
There was no objection to the Club's licence renewal except from HANZ.
The essence of our objection was that the Club was not compliant with the conditions of its licence as a result of a large number of special licences namely that the Club had 88 different events covered by just 10 special licences. There were little similarly between the events, like comedy shows, a range of birthday parties, wedding anniversaries and various dinners sometimes covered under just one special licence.
At the hearing, discussion focused on the preliminary points raised by counsel for the Club specifically that HANZ had no standing and second that the objection did not address the criteria for renewal in respect of Club Licences as being the grounds under which objections must fall and therefore that the objection could not be considered.
In its decision the LLA held that HANZ had not satisfied LLA, that HANZ had an interest in the application greater than the public generally as is the test for standing in order for the objection to be heard. Alternatively, the LLA went on to say that if that conclusion was wrong then they are satisfied that the objection did not address one of the grounds under which objections must fall being licence conditions or suitability. The LLA said that the special licences had been granted to the satisfaction of the Licensing Agency and further, and significantly, that in the LLA's opinion the number of special licences does not indicate unsuitability.
The grounds of the objection were not therefore considered because the LLA did not have jurisdiction to do so.
The effect of the decision is that any objection to the renewal of a Club Licence will need to be raised with and have the support of one of reporting agencies without which the objection will be unlikely to have standing to be considered as is consistent with the test for licence objections generally.
If any members would like to read the full LLA’s decision please email HANZ Regional Manager, Sara Tucker at sara.tucker@hanz.org.nz.
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