Tavern fighting to keep its licences

Tuatua Tavern proprietor Eddie Bellas is taking the loss of his licences to the High Court. Photo / Peter Jackson

Tuatua Tavern proprietor Eddie Bellas is taking the Alcohol Regulatory Licensing Authority's decision not to renew the Whatuwhiwhi establishment's on- and off-licences when they expire on October 13 to the High Court.

A hearing date has yet to be set.

The ARLA decision was made in support of an appeal by the Karikari Charitable Trust Inc, which operates the early childhood centre Karikari Educare, which backs on to the car park used by tavern customers, after the Far North District Licensing Committee granted renewal for the hours of 11am to midnight seven days a week.

Trust spokesman John McMahon said that DLC had made its decision despite some 30 objections from the community, all of which were primarily focused on reducing daytime operating hours while the daycare centre was operating and school buses were delivering children to the same location.

The DLC had been given "significant evidence of serious breaches of both the Act and the licence," which objectors believed showed potential risk to children, he said.

The trust had tried, without success, to negotiate with Bellas since 2017 to restore the opening hours of the two previous licensees, from 4pm on week days, and had been forced to appeal to the ARLA.

"The trust has always maintained that the presence of both an on-licence and off-licence facilities within our community is preferential, but the operation of these facilities must be done to ensure there is no potential risk to the health, safety and wellbeing of children, infants and toddlers in our community," McMahon said.

The Authority, however, reviewing the evidence presented to the DLC, had found that the licensee was unable to satisfy the suitability criteria to operate a licensed premise, that the systems, practices, management and staff were not able to meet the standards set within the legislation or the licence, and that serious breaches and issues of non-compliance remained unaddressed.

It duly overturned the DLC's decision and cancelled the licences, which will now not be renewed, although new licences may be applied for.

McMahon said the trust maintained its position that the community would benefit from having both on- and off-licence facilities, and wanted to work with the licensee to ensure they would be available, whilst protecting children from any potential risks.

Bellas said the tavern, the only licensed premises on the Karikari Peninsula, would not represent any risk at all for anyone in the community under the hours sought, but closing it would raise real public safety issues, especially over the tourist season, given that those who wished to drink would have to drive to Kaitaia or Taipā. He also expected that the "informal alcohol outlets" that had once thrived on the peninsula would re-emerge.

Closure would also cost the community four-full-time and two part-time jobs.

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A petition, which had around 350 signatures within a week, describes the tavern as a huge asset to the peninsula in terms of employment, a safe environment where people can meet socially, sport and club sponsorships, and community support.

Closure, it says, would be a tragedy for the community and visitors.

Proprietor Eddie Bellas, who plans to file the petition in the event of a new licence being required, said last week that he had also received a number of offers of assistance in meeting his legal costs, which he expected to be in the vicinity of $50,000.