Harris v Heriot Hotel Limited [2005] NZLLA 212 (20 April 2005)

Last Updated: 28 February 2010

Decision No. PH 212-215/2005

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications pursuant to s.132 of the Act for the cancellation of on-licence number 070/ON/10/2004 and off-licence number 070/OFF/1/93 issued to HERIOT HOTEL LIMITED in respect of premises situated at Roxburgh Street, Heriot known as “Heriot Hotel”

BETWEEN ARTHUR JOHN HARRIS

(Police Officer of Invercargill)

Applicant

AND HERIOT HOTEL LIMITED

Respondent

AND

IN THE MATTER of an application by JAMES THOMAS RIORDAN pursuant to s.123 of the Act for the renewal of a General Manager’s Certificate

AND

IN THE MATTER of an application pursuant to s.135 of the Act for the cancellation of General Manager’s Certificate number 070/GM/2/2000 issued to JAMES THOMAS RIORDAN

BETWEEN ARTHUR JOHN HARRIS

(Police Officer of Invercargill)

Applicant

AND JAMES THOMAS RIORDAN

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at INVERCARGILL on 31 March 2005

APPEARANCES

Sergeant P R Stratford - NZ Police - applicant
Mr K J Phillips - for respondents
Mr R T Draper - Clutha District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] There are four matters before the Authority. Three of these matters relate to enforcement proceedings. The Police have sought the cancellation of the on and off-licences in respect of premises at Roxburgh Street, Heriot known as “Heriot Hotel”.

[2] The Police have also sought the cancellation of a General Manager’s Certificate issued to James Thomas Riordan.

[3] The fourth matter is an application by Mr Riordan for the renewal of his General Manager’s Certificate.

[4] The application is an extensive 10 page document, and refers to allegations of breaches of ss.25(2), 115(2), 168(1)(a) of the Act. It is also alleged that the licensed premises have been conducted in an improper manner, and in breach of the conditions of the licence. Finally, the application alleges that the conduct of the licensee has been such as to show a lack of suitability.

[5] The incidents referred to commenced on or about 6 December 2003 and went through until October 2004. In particular there were incidents in September and October 2004 which described Mr Riordan’s attitude and behaviour to the Police. The behaviour was such as to cause consternation.

[6] The parties have had discussions, and have reached a series of agreements which the Authority has no difficulty in confirming. Indeed, we would like to record the very responsible attitude by all parties in reaching a conclusion without the necessity of a full hearing.

[7] Taking into account what has been agreed, the Authority makes the following orders:

• [a] The on and off-licences issued to Heriot Hotel Limited will be suspended for 30 days from 7.00 am 1 May 2005 until midnight on 30 May 2005.
  
• [b] The General Manager’s Certificate issued to James Thomas Riordan will be cancelled.
  
• [c] As a consequence of the cancellation of the certificate the application by Mr Riordan for the renewal of his General Manager’s Certificate is rendered nugatory and is accordingly declined.
  

[8] In making those orders it will be recorded that Mr Riordan’s son Drew Andrew Riordan intends to resign as a director of the company and transfer his shareholding to Mr James Thomas Riordan’s partner Ms Jennifer May Ogilvie. She will become a director of the company. It is acknowledged by Mr Phillips, on behalf of Mr Riordan, that he has had certain difficulties. He intends to complete a course which is outlined in the report from the counsellor and which has been handed in to the Authority. On completion of that course, he intends to reapply for his General Manager’s Certificate. It is not anticipated that his application will be filed until a period of 12 months has expired.

[9] Mr Riordan has taken the opportunity to apologise publicly to two members of the Police and one civilian for his conduct particularly over the period September to October 2004. That apology which was given fulsomely and genuinely given, has been accepted.

DATED at WELLINGTON this 20th day of April 2005

Judge E W Unwin Mr J C Crookston
Chairman Member

James Riordan.doc(aw)