Robson v Patterson [2006] NZLLA 913 (17 October 2006)

Last Updated: 25 January 2012

Decision No. PH 913/2006

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 suspension or cancellation of General Manager’s Certificate number 049/GM/82/2002 issued to BARBARA LAURA PATTERSON

BETWEEN DAVID ROBSON
(Police Officer of Wellington)

Applicant

AND BARBARA LAURA PATTERSON

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Ms P A Ballard

HEARING at WELLINGTON on 12 October 2006

APPEARANCES

Sergeant D A Robson – NZ Police - applicant
Miss B L Patterson – respondent
Mr R S Putze – Wellington District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application for the suspension or cancellation of a General Manager’s Certificate issued to Barbara Laura Patterson. The grounds for the application are that Miss Patterson failed to conduct the licensed premises in a proper manner, and further, that her conduct has been such as to show that she is not a suitable person to hold the certificate.

[2] The evidence discloses that on Saturday night 8 July last at about 10.15 pm a group of representatives of the Police visited licensed premises known as the “Island Bay Bowling Club” in Wellington. They discovered on entering the premises that the club was holding a private function for a 40th birthday of one of the members. There were about 50 people present. The name of the duty manager was not displayed.

[3] Sergeant D A Robson is the Police Liquor Licensing Sergeant for the Wellington Central Police. He spoke with one of the bar persons who then approached a table where Miss Patterson was seated. Miss Patterson then walked to the bar area and where she found her name on laminated paper which she duly fixed to the wall. She was spoken to and she said that she was the duty manager for the night. Alcohol could be smelt on her breath. Miss Patterson acknowledged that she had been drinking. According to the letter that she subsequently wrote she was drinking her second jug of beer.

[4] In the Sergeant’s view Miss Patterson was slurring her speech. She was very tired looking, her eyes were bloodshot and glassy and she was a little unsteady on her feet. She had difficulty walking in a straight line.

[5] He spoke with Miss Patterson and told her that he believed that she was intoxicated. Miss Patterson said that she had a bad back which made it difficult for her to walk. There was a dispute as to whether she was intoxicated. The Sergeant said that as far as he was concerned Miss Patterson was in no fit state to be the duty manager for the evening and that if she was to continue then he would close the bar.

[6] After some discussion Miss Patterson agreed to appoint the bar person as the acting manager. The Sergeant confirmed that this person had a good knowledge of the Act and was quite capable of carrying on the role of an acting manager.

[7] Two other Police Officers spoke with two of the patrons who were present at this 40th birthday celebration. Both those patrons were assessed as being intoxicated. On both occasions the acting manager was approached and he agreed with the assessment and both patrons were removed from the premises.

[8] Hence the present application brought by the Police. The Police considered bringing a further enforcement application against the club. However, because this was not normal club activity but a situation where the club had effectively hired the premises out, and because there were a number of members of the public who were present as signed in guests, no further action was to be taken.

[9] Miss Patterson gave evidence. She explained that this was a bad weekend for her that she had been involved in stocking the premises on the Friday when she had hurt her back very badly created difficulty for her to walk. She said that they were short staffed and that many members of the management team were in Australia. There were other personal issues which made her very tired. As a consequence she really did not want to be present at the function. She accepted that she had been drinking.

[10] She said that she had no real knowledge of the two patrons who had been asked to leave but acknowledged that they were found to be intoxicated which was entirely contrary to the club’s host responsibility policy.

[11] Miss Patterson has been involved at the club for a number of years. She has had senior positions of responsibility and acts as a volunteer from time to time as a duty manager.

[12] The issue in this case is about keeping standards high. The expectation is that management of club premises as well as licensed premises will be conducted by people of integrity who will be committed to supervising the sale and supply of liquor in a responsible way to ensure that the patrons and members are safe.

[13] In this case there are proven liquor abuse issues. We remind ourselves of the object of the Act which are set out in s.4. That object is to establish a reasonable system of control over the sale and supply of liquor to the public with the aim of contributing to the reduction of liquor abuse so far as that can be achieved by legislative means.

[14] The Authority and every Agency and any Court hearing any appeal against any decision of the Authority is required to exercise its jurisdiction, powers and discretions under the Act in a manner that is most likely to promote the object of the Act. In other words all our decisions are predicated on helping to reduce liquor abuse. It seems to us that in those circumstances a sanction in respect of this conduct is appropriate.

[15] We accept that Miss Patterson is a volunteer and we accept that the club provides an amenity for the community. On the other hand it is important that if it has a licence the club understands its responsibilities to ensure a safe drinking atmosphere.

[16] Accordingly we propose to suspend Miss Patterson’s General Manager’s Certificate. We believe that it would be unreasonable on the basis of this one incident to cancel the certificate. On the other hand the one incident involves at least three people who were assessed as being intoxicated including the respondent herself.

[17] We therefore propose to suspend General Manager’s Certificate number 049/GM/82/2002, issued to Barbara Laura Patterson, for a period of three months commencing on 12 October 2006.

DATED at WELLINGTON this 17th day of October 2006

______________________
B M Holmes
Deputy Secretary

Barbara Patterson.doc(aw)