The Cavanaghs' apartment overlooks the greens of the Ponsonby Bowling Club. Photo / Auckland Council
The Cavanaghs' apartment overlooks the greens of the Ponsonby Bowling Club. Photo / Auckland Council
A retired QC and his wife have won their battle to deny their neighbours, the Ponsonby Bowling Club, a renewal of its liquor licence.
But the years-long licensing war is not over yet, with the club set to launch an appeal.
Paul and Christine Cavanagh bought an apartment in the Vert complex knowing it was directly above the club, operated since 1893.
But to their dismay, the couple found that instead of asedate sports club, the centre also hosted functions they said disturbed the quiet enjoyment of their multimillion-dollar apartment.
The Cavanaghs claimed the Ponsonby Bowling Club (PBC) adopted a relaxed approach to its responsibilities as a licence holder and hosted what they called “boisterous” and boozy stag nights, hen do’s and corporate parties.
The couple were the sole objectors to the club’s application to renew its liquor licence and lobbied for more stringent terms.
They sought an end to the use of social or casual memberships they claimed allowed the club to subvert its limit of six special events per year, by allowing attendees to pay a nominal fee.
The club applied for a new liquor licence on May 30, 2021. Police, the Medical Officer of Health and the Auckland Council licensing inspector did not oppose the application. The Cavanaghs filed their objection on June 21 via their lawyers.
It was not until over a year later that the District Licensing Committee heard their application at a hearing, on September 23, 2022.
Only Christine Cavanagh was present. Paul Cavanagh QC was one of New Zealand’s top planning lawyers but did not appear at the hearing as he is now in fulltime care.
The committee did not release its decision ruling against the club until a few weeks ago, five months after the hearing.
In her written decision, licensing commissioner and committee chairwoman Hannah Cheeseman said the finding against the club was “very finely balanced” and careful consideration was given to whether the objectors’ concerns could be met by a period of probation.
“Had the [bowling club] been open to conditions which would assist in the mitigation of alcohol-related harm arising from these concerns, and displayed a more conciliatory attitude, together with a willingness to learn and engage, then that is likely the approach that we would have taken,” Cheeseman said.
However, the committee judged the club was not open to such an approach, her decision said.
“The applicant has refused to engage in a meaningful manner, and in fact has promoted a negative attitude to the objector by both the applicant and the apartment owners committee.”
Her decision cited a slogan on the club’s Facebook page describing the facility as the “best garden bar in town”.
The greens of the Ponsonby Bowling Club are hidden by the apartment development on the same site. Photo / Jason Oxenham
Cheeseman acknowledged comments from a number of other apartment owners that the Cavanaghs knew they were buying an apartment above a bowling club.
“However, there is a difference between the noise of a game of bowls and the noise from a stag do, hen’s do, or other events,” she said.
“While it is correct that the objectors were aware that they were purchasing an apartment above a bowling green, they were not aware that they were purchasing an apartment above ‘the best garden bar in town’.”
The Vert complex is on Jervois Rd in Herne Bay and was built on the site of the old clubrooms, demolished about a decade ago for the development.
Its land covenant allows for six “special events” per year, but these require scrutiny from the alcohol licensing inspector.
The Cavanaghs said that during the summer, there were essentially back-to-back events, including corporate functions.
Cheeseman’s decision said the committee agreed the way the club used casual memberships was inappropriate and subverted the process of special licenses.
A man who lives in the apartment beside the Cavanaghs, Brett Tantrum, supported the club renewing its licence. He said he had not experienced excessive noise.
“Mr Tantrum confirmed he had an ongoing positive relationship with the objectors, but acknowledged the existence of some tension between the objectors and other apartment owners.”
President Bernard Connolly told the Herald his club did not wish to comment but confirmed they intended to appeal.
Brookfields Lawyers partner John Young, who represents the Cavanaghs, supplied a statement on their behalf.
“We consider that the decision is comprehensive and speaks for itself,” they said.
“The matters raised by us have been entirely upheld and the discourteous attitude of the current PBC board to the District Licensing Committee and the hearing process has been appropriately criticised.”
