Lawn and Spang v Viaduct Management Limited and Fowler [2008] NZLLA 1032 (28 July 2008)

New Zealand Liquor Licensing Authority

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Lawn and Spang v Viaduct Management Limited and Fowler [2008] NZLLA 1032 (28 July 2008)

Last Updated: 4 February 2010

Decision No. 1032-1035/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications pursuant to s.132
of the Act for suspension of on-
licence number 060/ON/75/2005
issued to VIADUCT
MANAGEMENT LIMITED in
respect of premises situated at 132
Oxford Terrace, Christchurch,
known as “Viaduct Restaurant &
Bar & Di Lusso Bar & Lounge”

AND

IN THE MATTER of applications pursuant to s.135 of
the Act for suspension of General
Manager’s Certificate number
GM/060/1260/2004 issued to
MARC ROBERT FOWLER

BETWEEN ALASTAIR JOHN LAWN
(Police Officer of Christchurch)

AND PAUL JOHN TYCHO SPANG
(Christchurch District Licensing
Agency Inspector)

Applicants

AND VIADUCT MANAGEMENT
LIMITED

First Respondent

AND MARC ROBERT FOWLER

Second Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Members: Dr J Horn

DECISION

We have before us applications by Sergeant A J Lawn of Christchurch Police and Mr P J T Spang, Christchurch District Licensing Agency Inspector, for suspension of an on-licence in respect of Christchurch premises known as “Viaduct Restaurant & Bar & Di Lusso Bar & Lounge”, and for suspension of a General Manager’s Certificate held by Marc Robert Fowler.

The grounds for the applications are that the licensed premises have been conducted in breach of the following provisions of the Act:

Section 155 – Sale or supply of liquor to minors
Section 164 – Permitting minors to be in restricted areas or supervised areas
Section 165 – Unauthorised sale or supply

and that the manager has failed to conduct the premises in a proper manner.

More particularly it is alleged that on Friday 9 May 2008, a controlled purchase operation was undertaken in the Christchurch area. Pursuant to s.162(5) of the Act, at the request of Police two volunteers entered licensed premises and attempted to purchase liquor.

The volunteers entered “Viaduct Restaurant & Bar & Di Lusso Bar & Lounge” around 6.45 pm and went to the bar, where one volunteer ordered two bottles of liquor. The drinks were sold to the volunteers without any proof of age being requested.

The staff member who made the sale is not the holder of a General Manager’s Certificate and is to be dealt with through the District Court. Mr Fowler was the manager on duty at the time of the purchase.

The respondents do not dispute the grounds of the applications, and acknowledge that suspension of the licence and manager’s certificate is appropriate.

They have indicated their willingness to accept recommended terms of suspension of the licence and manager’s certificate, to be imposed by the Authority without the requirement to appear before us at a public hearing.

Accordingly, having considered the recommendations from the applicant we make the following orders:

(a) On-licence number 060/ON/70/2004, issued to Viaduct Management Limited, is suspended for 24 hours from 7.00 am on Friday 1 August 2008.

(b) General Manager’s Certificate number GM/060/1260/2002, issued to Marc Robert Fowler, is suspended for 30 days from 8.00 am on Friday 1 August 2008.

DATED at WELLINGTON this 28th day of July 2008

______________
B M Holmes
Deputy Secretary