Capital Liquor Limited v Police

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2019-485-018

[2019] NZHC 1468

UNDER the Sale and Supply of Alcohol Act 2012

IN THE MATTER OF

an appeal under s 162 of the Act against a decision of the Alcohol Regulatory and Licensing Authority

BETWEEN

CAPITAL LIQUOR LIMITED

Appellant

AND

THE NEW ZEALAND POLICE

First Respondent

THE MEDICAL OFFICER OF HEALTH

Second Respondent

THE LICENSING INSPECTOR, WELLINGTON CITY COUNCIL

Third Respondent

Hearing: 21 March 2019

Appearances:

N M Pender and A C Dartnall for Appellant

D R La Hood and S B McCuster for First Respondent G H Allan for Second Respondent

No Appearance for Third Respondent

Judgment:

26 June 2019

(RESULTS) JUDGMENT OF CLARK J

[1] The Wellington District Licensing Committee renewed Capital Liquor Ltd’s licence under the Sale and Supply of Alcohol Act 2012 but with reduced trading hours.

[2] The Committee’s decision was upheld on appeal to the Alcohol Regulatory and Licensing Authority.

CAPITAL LIQUOR LIMITED v THE NEW ZEALAND POLICE [2019] NZHC 1468 [26 June 2019]

[3]Capital Liquor appealed the Authority’s decision to the High Court.

[4]For reasons which are to follow, the appeal is dismissed.

Karen Clark J

Solicitors:
Franks Ogilvie, Wellington for Appellant
Luke Cunningham Clere, Wellington for First Respondent Port Nicholson Chambers, Wellington for Second Respondent

CaseChat Overview and Summary

Capital Liquor Limited appealed against the decision of the Alcohol Regulatory and Licensing Authority which upheld the Wellington District Licensing Committee’s decision to renew its licence under the Sale and Supply of Alcohol Act 2012, but with reduced trading hours. The Authority’s decision was made on appeal from the Committee’s decision. The Court was required to determine whether the Authority’s decision was legally sound and whether it was open to the Authority to reduce the trading hours.

The Court found that the Authority was entitled to reduce the trading hours, as the Committee’s decision was within the Authority’s statutory power. The Authority had considered all relevant factors, including the public interest in reducing alcohol-related harm, and had exercised its discretion in a reasoned and rational manner. The Court was not satisfied that the Authority had erred in law or made an irrational decision. The appeal was therefore dismissed.

The court dismissed the appeal and affirmed the decision of the Authority to reduce the trading hours of Capital Liquor Limited’s licence. The court also awarded costs to the Police.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

UNDER	the Sale and Supply of Alcohol Act 2012
IN THE MATTER OF	an appeal under s 162 of the Act against a decision of the Alcohol Regulatory and Licensing Authority
BETWEEN	CAPITAL LIQUOR LIMITED Appellant
AND	THE NEW ZEALAND POLICE First Respondent
THE MEDICAL OFFICER OF HEALTH Second Respondent
THE LICENSING INSPECTOR, WELLINGTON CITY COUNCIL Third Respondent