HEARING BEFORE THE THAMES-COROMANDEL DISTRICT LICENSING COMMITTEE

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1 11/TEMP/14/2017 IN THE MATTER of the Sale and Supply of Alcohol Act 2012 ( the Act ) AND IN THE MATTER of an application by ONEMANA LIMITED pursuant to s.136 of the Act for the grant of a Temporary Authority in respect of premises situated at 101 Bambury Place, Onemana, known as the Onemana Boatshed Café. HEARING BEFORE THE THAMES-COROMANDEL DISTRICT LICENSING COMMITTEE Chairman: Member: Member: Murray Clearwater Shaun Cole Tony Fox HEARING at Thames on 31 July APPEARANCES Mrs. Glady Mae Morrow for the applicant Onemana Limited Mr. James Alexander Farquhar- in support of the applicant Ms. Anna Liza Inot Labita- in support of the applicant Ms. Angela Joe Alcohol Licensing Inspector in opposition Sergeant Lara Beisly Police Alcohol Harm Reduction Officer (AHRO) in opposition RESERVED DECISION OF THE COMMITTEE Introduction 1. By an application dated the 30 th of June 2017, Onemana Limited applied for the grant of a Temporary Authority to operate the licensed premises known as Onemana Boatshed Café. There is a current ON Licence 11/ON/11/2016 in force until 6 September

2 2. The application was sparsely filled out and done in two different sets of handwriting. An unsigned Deed of Lease was proffered with Steven Morrow named as Guarantor. On 21 July, a petition containing 23 signatures and phone numbers was delivered to the Thames-Coromandel DLC in support of the new owners of Onemana Café to sell and supply alcohol. 3. The application was referred to the Police and the Inspector for enquiries and reporting as required. 4. The application drew an adverse report from the Police as whilst conducting enquiries in to it they found the premises open for business but no certificated manager on site. 5. Police enquiries also revealed that the husband of Glady Morrow (the director of Onemana Limited) was a Steven Morrow who was currently on strict parole conditions for tax evasion. He was released from prison at the end of June After a preliminary consideration of the application the Committee set the matter down for a public hearing pursuant to Section 136(3) of the Act as we were concerned about the bono-fides of the applicant company and their preparedness to manage licensed premises. 7. We made it clear at the outset of the hearing that the onus was firmly on the applicant to satisfy the Committee that the Temporary Authority should be issued. The responsibility is Onemana Limited s alone. It is the applicant who must create a positive finding in the eyes of the Committee. Applicant s Evidence 8. Mrs. Glady Morrow appeared before us. She was totally unprepared to support her application and had nothing prepared in writing. We had to ask her questions to elicit responses to our concerns. 9. We were able to ascertain that she now lives at 105a Tirohanga Drive, Whangamata with her friend Liza Labita who is helping her at the café. She stated Steven Morrow was living with her on the weekends. 10. She told us that the café was open Wednesday to Sunday 8am to 2pm and 5.30pm to 9.00pm. They were not currently selling alcohol after being told to desist by the Inspector. 11. She told us that the previous owners Collen and John Orchard were going to stay on and assist them during the transition period. 12. She said her husband Steven Morrow had assisted her filling out the application 2

3 form and she was aware that he was not allowed any involvement in the financial management of the company. 13. She knew that Steven had parole conditions requiring that he live at a Hamilton address. 14. Under cross-examination from the Police she agreed that there had been no change to those parole conditions. She agreed that they had alcohol on display when the Police visited but said they only sold alcohol when the Orchards were present. The police questioned her about signage on a road leading to the café that had alcohol advertised. GM also stated there was still alcohol in the café. wine, beer, all sorts of alcohol, in the bar thing and chiller 15. The police asked her about the two occasions they had visited the cafe. The Orchards were not in attendance. GM could not answer. Also asked if she was aware that SM had advertised on his Face Book page for a chef. She shook her head. 16. She replied to questions from the Inspector that they had taken over the business on the 28 th of June 2017 and denied that the Orchard s had said that they would only stay on for 21 days. 17. We then heard from Mr James Alexander Farquhar who told us that he is a shareholder in Onemana Limited and that he employs Steven Morrow for 30 hours a week as a house re-piler. He is aware of Steven s background and parole conditions. He said the Corrections Officer was due to visit a shed on his property on 1 August 2017 for a site inspection and he hoped the officer would grant permission for Mr Morrow to live there. 18. He was trying to support the family during the transition process and conceded that it was not going to plan for Glady and her friend Liza. 19. We then heard from Anna Liza Inot Labita who said she met Glady in the Philippines prior to travelling to New Zealand in She said she, and her partner, had put $50,000 in for 40% of the company and that they were silent partners. She planned to physically work in the café with Glady. Police Evidence 21. Sergeant Lara Beisly is the local Police Alcohol Harm Reduction Officer based in Thames and she outlined the enquiries and findings of her staff in relation to this application. 3

4 22. The Sergeant said that the Police believed that Steven Morrow was very much more than just in the background of this deal to purchase Onemana Café and was most likely in breach of his parole conditions whilst doing so. 23. She produced a written warning letter that had been sent to Steven Morrow from a Corrections Probation Officer, dated the 25 th of July 2017, requiring him to desist from any involvement in the business. Inspectors Evidence 24. Licensing Inspector Angela Joe stood by the contents of her report. She supported the opposition of the Police and recommended that the Temporary Authority be refused. Relevant legislation 25. Section 3 of the Act states the purpose of the Act as follows: (1) The purpose of Parts 1 and 3 and the schedules of this Act is, for the benefit of the community as a whole, (a) to put in place a new system of control over the sale and supply of alcohol, with the characteristics stated in subsection (2); and (b) to reform more generally the law relating to the sale, supply, and consumption of alcohol so that its effect and administration help to achieve the object of this Act. (2) The characteristics of the new system are that (a) It is reasonable; and (b) Its administration helps to achieve the object of this Act. 26. Section 4 states the object of the Act as follows: (1) The object of this Act is that (a) The sale, supply, and consumption of alcohol should be undertaken safely and responsibly; and (b) The harm caused by the excessive or inappropriate consumption of alcohol should be minimised. (2) For the purposes of subsection (1), the harm caused by the excessive or inappropriate consumption of alcohol includes (a) Any crime, damage, death, disease, disorderly behaviour, illness, or injury, directly or indirectly caused, or directly or indirectly contributed to, by the excessive or inappropriate consumption of alcohol; and (b) Any harm to society generally or the community, directly or indirectly caused, or directly and indirectly contributed to, by any crime, damage, death, disease, disorderly behaviour, illness, or injury of a kind described in paragraph (a). 26. Temporary authorities: on-licences and off-licences (1) A licensing committee may, on the application of a person who appears to the committee to have any right, title, estate, or interest in any premises, or any business conducted in any premises, for which an 4

5 on-licence or off-licence is in force, make an order authorising the applicant (or some suitable person nominated by the applicant) to carry on the sale and supply of alcohol for a period, not exceeding 3 months, stated in the order. (2) The application must be made in the prescribed form and manner and be accompanied by the prescribed fee. (3) The committee may hear and determine the application without notice, or direct that notice of the application and the time and place fixed for any hearing be served on any persons and in any manner the committee specifies. (4) On making an order, the committee (a)must impose any conditions that this Act requires an on-licence or off-licence (as the case requires) to be issued subject to; and (b)may impose any conditions that this Act enables an on-licence or offlicence (as the case requires) to be issued subject to; and (c)may impose any other reasonable conditions it thinks fit. (5) The person authorised by the order has for the purposes of this Act the same duties, obligations, and liabilities as the holder of the onlicence or off-licence concerned. Closing Submissions 27. Glady Morrow asked that the temporary Authority be granted as she needed the business to be a success to support her family. 28. The Police said that Mrs. Morrow had little understanding of the requirements of the Act. They believed that Steven Morrow had a greater involvement than Mrs. Morrow was admitting to. It is likely Steven Morrow has breached his parole conditions and there may be enforcement action by Corrections staff. 29. The Inspector agreed that the applicant was ill prepared to operate licensed premises. 5

6 Reasons for the Decision 30. Section 3 of the Act requires us to act reasonably in the exercise of our duties and to regulate with the aim of contributing to the Object of the Act. 31. Our first task is to be satisfied that the applicant have (has) any right, title, estate, or interest in any premises, or any business conducted in any premises. 32. It appears to us that the applicant falls at the first hurdle. An unsigned Deed of Lease, with Steven Morrow as Guarantor, does not satisfy the Committee that there is any lawful tenure of the business or lease of the building. 33. There are no certificated managers properly appointed to the business. We received a range of different accounts of when, or how, the Orchards would be available to supervise the sale and supply of alcohol. There was a suggestion that they would be on call from their home in Whangamata some distance away. The Act clearly required the duty manager to be on site within the licensed area whenever the premises is open for the sale and supply of alcohol. 34. Given the above and our concerns about the lack of ability of the applicant to manage licensed premises the application for a Temporary Authority cannot succeed. The Decision The District Licensing Committee, acting pursuant to the Sale and Supply of Alcohol Act 2012, refuses an application by Onemana Limited for a Temporary Authority over the On Licence currently in force at Onemana Boatshed café. DATED at THAMES this 7 th day of August 2017 Murray Clearwater Commissioner For the Thames-Coromandel District Licensing Committee 6

7 NOTE Sections 153 to 155 of the Act relating to the right to appeal this decision are in effect. However, this decision to refuse the Order shall have immediate effect during the appeal period. 7