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Home / Bay of Plenty Times

Why Tauranga nightclub The Bahama Hut had to close

Zoe Hunter
By Zoe Hunter
Bay of Plenty Times·
19 Dec, 2018 07:13 PM4 mins to read

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The Bahama Hut has been ordered to close. Photo / Zoe Hunter

The Bahama Hut has been ordered to close. Photo / Zoe Hunter

Operators of Tauranga nightclub The Bahama Hut are fighting to renew the club's liquor licence.

The club announced on December 12 it was closing amid a court battle over its on-licence.

The Tauranga District Licensing Committee agreed to renew the club's licence for 17 months in July. But police and the Tauranga District Licensing Inspector appealed the decision to the Alcohol Regulatory and Licensing Authority.

Read more: Popular Tauranga nightclub Bahama Hut closes its doors
Tauranga nightclub Bahama Hut battling police to keep liquor licence

The authority overturned the committee's decision in October and directed the club's on-licence expire on December 10.

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The club's operators, Lyger Investments, have filed an appeal against that decision to the High Court, which is due to be heard in Tauranga on February 15, 2019.

It also sought a ruling to be allowed to stay open until that appeal can be heard but the High Court denied the request.

According to court documents, the club was granted a licence renewal by the licensing committee by a margin described in court documents as "very close indeed".

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The committee expressed concerns about how the nightclub was operating, including that security camera footage showed "systematic thuggery on the part of the door staff".

The venue manager's knowledge of occupancy numbers was described as "naive and unprofessional" and it was considered "unbelievable" the head of security was allowed to have his 15/16-year-old brother manning the door with him for nearly a year.

There were also concerns that the nightclub was contributing to alcohol-related harm in the Hamilton St area.

The committee granted the renewal, however, under strict conditions that included reduced opening hours, a full audit of its policies and procedures, formal training for all staff and the strict enforcement of trespass notices.

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The licensing authority overturned the decision on appeal on November 12.

In its subsequent application to stay open over summer until February's High Court hearing, Lyger argued it would lose $130,000 if the club had to close over the summer peak and 10 part-time employees would be out of work.

The club's lawyers argued the club had made changes to its staff, systems and training since the decisions of the committee and authority, which included continuing to work with its contracted security provider and installing CCTV to monitor behaviour on the street.

But Justice Sarah Katz, in a judgement issued on December 7, sided with the police and the authority, who feared risks of ongoing alcohol-related harm if the club remained open.

The judge was satisfied that approving the request would likely enable the ongoing trading of a "problem" premises over the busiest time of year with a significant increase in the risk of alcohol-related harm.

The nightclub announced to patrons that it was closing on December 12.

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The operators of The Bahama Hut were unable to be reached for comment on this story.

A short history of The Bahama Hut

- Opened in late 2000 on Wharf St
- Shut in 2005
- Reopened in Hamilton in early 2006.
- Closed in 2010
- Re-opened on Harington St in Tauranga in 2011
- Later relocated to its current location on Hamilton St

Liquor licence battle timeline

October 2017
- Application for licence renewal opposed by police and Tauranga District Licensing Inspector.

July 2018
- Renewal granted for 17 months (rather than 3 years) after hearing before Tauranga District Licensing Committee in July.

November 2018
- Committee's decision overturned on appeal to Alcohol Regulatory and Licensing Authority by police and inspector. Club files appeal.

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December 2018
- High Court justice declines club's application to stay open until appeal can be heard. Club announces closure on December 12.

February 2019
Appeal scheduled to be heard.

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