Verner v Calder [2004] NZLLA 920 (23 December 2004)

Last Updated: 25 January 2012

Decision No. PH 920/2004

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for the suspension of General Manager’s Certificate number GM/08/82/2003 issued to LINDA ANN CALDER

BETWEEN GRANT DAVID VERNER
(Police Officer of Wellington)

Applicant

AND LINDA ANN CALDER

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr J C Crookston

HEARING at WELLINGTON on 15 December 2004

APPEARANCES

Sergeant G D Verner - NZ Police - applicant
No appearance by or on behalf of the respondent
Mr R S Putze - Wellington District Licensing Agency Inspector - to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application brought by the Police for the suspension of a General Manager’s Certificate issued to Linda Ann Calder. The ground for the application is that Ms Calder has failed to conduct the licensed premises in a proper manner.

[2] The evidence relates to two incidents. The first such incident was on 26 June 2004. On this day a very intoxicated male went into the Police Station complaining that he had been assaulted by three other males outside “Lipstix” on Wakefield Street in Wellington. He was then taken to hospital and members of the staff went to visit the premises. There they found that the respondent Linda Calder was the manager, and that a few people were drinking at the bar. These patrons, in particular a female and a male, were assessed by the Police Sergeant as being extremely intoxicated. The male smelt strongly of alcohol, looked tired and was very unsteady on his feet. The female was also unsteady on her feet, and had slurred speech. The manager agreed with the assessments.

[3] The Police made a second visit early on the morning of Thursday 15 July 2004. Senior Sergeant Lee was in charge of the Wellington Strategic Response Group. The duty manager again was Linda Calder. There were approximately 20 persons present on the premises. A number of people were assessed as being intoxicated. They were brought to the attention of the Senior Sergeant who made her own assessment. One of those persons had had glazed eyes. He smelt strongly of alcohol, and seemed unsteady on his feet. The Senior Sergeant assessed the patron who had been apprehended as being moderately intoxicated. The duty manager agreed, and appeared to be embarrassed by that incident.

[4] At the same time a female aged 16 was also located on the premises. The brief from the female shows that she was born on 24 October 1987. She had gone into “Lipstix” with a friend. She was not asked for any identification, and was not carrying any. She stated that there was a woman behind the bar, and she was served a number of drinks namely bourbon and coke. A total of three patrons were assessed as being moderately intoxicated. Accordingly, the application for suspension was brought.

[5] It is not clear whether the respondent is aware of the application. She was represented by Mr Richards who had attempted to get hold of her. Her address was given as care of the licensed premises, but she has since left this employment. Initially an application was made pursuant to s.132 of the Act for the suspension of the on-licence as well. However, the licence has since been taken over, and the Police have accordingly withdrawn that application.

[6] As the Police have pointed out, there are serious issues involved in this case. Firstly the presence of a total of five intoxicated persons found on the premises over the two visits, and secondly the sale and supply of liquor to a minor.

[7] In those circumstances the Authority has no hesitation in suspending the General Manager’s Certificate for a period of four months commencing on Wednesday 22 December 2004.

DATED at WELLINGTON this 23rd day of December 2004

_____________________
B M Holmes
Deputy Secretary

Linda Calder.doc(afw)