Five Stags alcohol licence in Pirongia declined

An application for a renewal of an on-licence at the Five Stags Restaurant and Bar in Pirongia has been declined.

The failed bid to renew the licence means alcohol cannot be served on site from May 19 this year. The operator, Night Pearl Ltd, has already surrendered its off-licence.

The decision released today was made by the Waipā District Licensing Committee. The Committee is an independent body appointed under the 2012 Sale and Supply of Alcohol Act. Council provides administrative support to the Committee.

Night Pearl applied in February 2023 to renew the licence with a hearing held in September 2023. At that hearing the District Licensing Committee heard there were anomalies in the area the operator believed were licenced. The licensee was told the front and left side outside area could not be used to consume alcohol until a licence variation was granted for those areas.

The Committee was also made aware the operator had been ordered to pay more than $21,000 in compensation by the Employment Relations Authority (ERA), following the unjustified dismissal of an employee.

The District Licensing Committee deferred the matter until February this year so the applicant could provide more information. However, at its hearing earlier this month, the Committee heard the licensee had breached licence conditions and the Act since the first hearing.

The Committee heard that the licensee continued to use the front and left side outdoor area without an appropriate licence in place until mid-December 2023, had operated with an uncertificated manager on duty, and had failed to maintain the manager’s register.

The Committee also heard that during a police-controlled purchase operation, alcohol was sold to a minor who was not asked for age identification and was allowed to sit outside the licenced area to consume the alcohol. The minor was served by a 16-year-old staff member.

In its decision, the Committee found the licensee had received help from two licensing inspectors, Police and the secretary of the Waipā District Licensing Committee. However, “there appears to be an ongoing disregard for the assistance given or an inability to understand the obligations of a licensee”.

The Committee further found that it was not confident that the licensee understood the obligations of a licensee under the Act or the conditions of the licence. The Committee found that renewing the licence would be “contrary to the object of the Act”.

The decision notes that in November last year, police and the licensing inspector applied to the Alcohol Regulatory and Licensing Authority seeking a licence suspension.