This is an update of the objections, suspensions and Liquor Licencing Authority (LLA) hearings that were underway concerning Member Clubs. HANZ has appeared to have slowed down in regard to their objections and Clubs are finally getting on the front foot.

However we understand that HANZ may be lodging an objecting to a DLA in regard to an RSA, which is no longer a member of Clubs New Zealand, breaching its Club Licence Conditions. Therefore there is no reason to slacken off in any way whatsoever. Clubs are reminded to ensure that they are fully complying with their Club Licence Conditions.

KAMO CLUB

The Kamo Club successfully defended the objection to the renewal of their Club Licences by HANZ at a Liquor Licencing hearing on 25th March 2010. The objections were relating to the issue of Special Licences. It was suggested that the club was trading as a de facto on-licence due to the number of special licences it had obtained.

The LLA Decision stated that "given the limited nature of the application the objector has failed to demonstrate any "greater interest". Further, the objector has failed to satisfy the Authority that it should be permitted to make an appearance or in any way act in accordance with s.108(f) of the Act. Accordingly, the objector has not demonstrated that it has standing to bring an objection to this case.

Applying for Special Licences has nothing to do with the manner in which the licensee has conducted the sale and supply of liquor. Indeed, the sale and supply of liquor which is objected to was conducted in accordance with special licences which have been granted by the appropriate DLA. The real complaint of the objector, then is that the DLA has issued special licences, when in the opinion of the objector; it should not have done so.

Finally it was suggested that by applying for so many special licences, the suitability of the applicant was called in question. Again, plainly the DLA did not think so as it granted the special licences. In the Authority's opinion, the mere fact that the applicant has applied for a number of special licences does not in itself indicate unsuitability.

Accordingly the Authority concludes that the grounds stated in the notice of objection failed to give jurisdiction to consider the objection. As there is no "objection", and as the application is not opposed, the application for renewal of the club licence is granted".

PAPAKURA CLUB
The Papakura Club also had its hearing with the LLA, on similar grounds to the Kamo Club, on 25th May 2010. The LLA Secretary was advised that HANZ had withdrawn its opposition to renewal.

The LLA renewed both the Kamo Club and Papakura Club Club Licences on the existing terms and conditions through to their next anniversary date.

ROTORUA CITIZEN'S CLUB

After further scrutiny from the local Licencing Inspector and Police, a meeting chaired by the local mayor, was held between Rotorua Citizen's Club, Clubs New Zealand and Area Board Member and the local DLA Regional Manager and Secretary. The meeting was called to discuss alleged continued breaches of the Rotorua Citizen's Club liquor licence.

The mayor stated that "given what we have heard today we are satisfied that club has adequate systems in place to comply with its liquor licensing requirements".

The licenses will be renewed but we will continue to monitor all Clubs and Pubs activities.

TOKOMARU BAY UNITED SPORTS CLUB INCORPORATED

Police are carrying out Controlled Purchase Operations (CPO) using under age persons and plain clothes Police Officers to challenge the staff on which they will and won't supply or sell alcohol to. Those clubs that are caught out can be liable to a suspension of their Club Licence and the Duty Manager's Certificate, along with a fine.

The latest Club that has come to our attention and was visited by their local Police and DLA's either through a CPO or due to complaints they have received was the Tokomaru Bay United Sports Club Incorporated.
The Gisborne Police applied for a suspension of the Club Licence and the LLA hearing was held on the 25th May 2010.

The grounds for the applications are: that the licensed premises have been conducted in breach of the provisions of s.155 of the Act - sale of liquor to a person under 18 years of age; and that the manager has failed to conduct the premises in a proper manner.

The LLA Decision stated that "liquor was sold to a female volunteer aged 14 years without any request for identification or evidence of age document. The sale was conducted by a person who, although the holder of a manager's certificate was not the duty manager at the time the sale took place. That function was being carried out by another person who was on the premises at the same time.

The respondents have agreed to suspension of the club licence and managers' certificates".

The club licence was suspended for 24 hours and the managers' certificates for two weeks.

LIQUOR LAW REVIEW

Clubs New Zealand has carried out a thorough review and summary of the Law Commissions Liquor Law Review - "Alcohol in Our Lives".
As we do not know what the Ministers response will be and it is expected soon, we are withholding our summary. We need to know what steps the Minister intends to take before we can identify the areas we need to focus on. This will allow us to prepare the strategy which will support our members' needs. However if you have any queries on the review then contact us at Head Office.