Oliver v Edward J Schwartz Entertainment Limited and Darby [2008] NZLLA 1144 (15 August 2008)

New Zealand Liquor Licensing Authority

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Oliver v Edward J Schwartz Entertainment Limited and Darby [2008] NZLLA 1144 (15 August 2008)

Last Updated: 5 February 2010

Decision No. 1144-1145/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.132 of the Act for suspension of on-licence number 060/ON/120/2007 issued to EDWARD J SCHWARTZ ENTERTAINMENT INC LIMITED in respect of premises situated at 179 Tuam Street, Christchurch, known as "Fat Eddies"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/060/108/2004 issued to CHRISTOPHER EDWARD DARBY

BETWEEN DOUGLAS CHARLES OLIVER

(Police Officer of Christchurch)

Applicant

AND EDWARD J SCHWARTZ ENTERTAINMENT INC LIMITED

First respondent

AND CHRISTOPHER EDWARD DARBY

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us applications by Senior Constable D C Oliver, Christchurch Police, for suspension of an on-licence in respect of Christchurch premises known as “Fat Eddies”, and for suspension of a General Manager’s Certificate held by Christopher Edward Darby.

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
Section 168 – Allowing drunkenness or disorderly conduct on licensed premises

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

More particularly it is alleged that on Wednesday 19 March 2008, a controlled purchase operation was undertaken in the Christchurch area. Pursuant to s.162(5) of the Act, at the request of Police a 17 year old male volunteer and 16 year old female volunteer entered licensed premises and attempted to purchase liquor.

The volunteers entered “Fat Eddies” and the male volunteer requested some drinks. The liquor was sold to the volunteer without any proof of age being requested.

Christopher Darby was the manager on duty at the time of the purchase.

Mr Darby was also the named duty manager on 16 March 2008, when Police entered the premises and observed an intoxicated male who had been allowed to remain in the “Fat Eddies” premises.

While conducting licensed premises visits on Anzac Day, 25 April 2008, Police visited the premises at 2.20 am and found that “Fat Eddies” was trading. There were approximately 50 patrons inside the premises and the bar was open.

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/120/2007, issued to Edward J Schwartz Entertainment Inc Limited, is suspended for 3 days from 7.00 am on Tuesday 26 August 2008.

(b) General Manager’s Certificate number GM/060/108/2004, issued to Christopher Edward Darby, is suspended for 30 days from Wednesday 1 October 2008.

DATED at WELLINGTON this 15th day of August 2008

______________________
B M Holmes
Deputy Secretary