McArtney [2009] NZLLA 710 (10 July 2009)

Last Updated: 30 December 2011

Decision No. PH 710/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ROBERT IAN McARTNEY pursuant to s.118 of the Act for a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at AUCKLAND on 24 June 2009

APPEARANCES

Mr R I McArtney – applicant
Constable M D Waite – NZ Police – in opposition
Mr P N Richardson – North Shore District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is a resumption of a hearing of an application by Robert Ian McArtney for a General Manager’s Certificate.

[2] The applicant first appeared before the Authority on 17 December 2007. Both the Police and the District Licensing Agency Inspector opposed the application at that time. In decision LLA PH 4/2008 dated 10 January 2008 the Authority adjourned the application for 12 months for a further public hearing. The Authority stated in that decision that Mr McArtney, who at the time of the hearing had the full support of his then employer Mr David de Klerk, may be appointed as a temporary manager at the premises known as “Stadium Bar and Brasserie” from 9 April 2008. The decision required that he sit and pass a further written assessment and that he obtain the Licence Controller Qualification.

[3] The Police continue to oppose the application on the original grounds and as a result of more recent incidents whilst the applicant was appointed as a temporary manager at “Cranks Restaurant Bar” (previously known as the “Stadium Bar and Brasserie”). During four separate inspections conducted between 6 December 2008 and 25 April 2009, the North Shore Tactical Policing Unit identified and assessed five intoxicated patrons on the premises. Evidence given at the hearing for each incident identified Mr McArtney as the temporary manager and confirmed that intoxicated persons were present. On 15 June 2009 Mr de Klerk, a director of the licensee company, informed the Police that Mr McArtney had resigned and was no longer working for “Cranks Restaurant Bar”.

[4] Mr McArtney appeared before us and gave evidence confirming that he was no longer working in the industry, stating that he was unemployed and no longer had the support of Mr de Klerk. He questioned the inspections by the Police and felt that he had been unfairly targeted but had no clear defence to the presence of intoxicated patrons. He did not appear to have a full understanding of the Act when questioned by the District Licensing Agency Inspector concerning the handling of intoxicated patrons. He was unable to provide evidence that he had sat and passed a further written assessment and there was no evidence that he had obtained the Licence Controller Qualification.

[5] In all the circumstances and as a matter of law the application is now refused.

DATED at WELLINGTON this 10th day of July 2009

B M Holmes
Deputy Secretary

Robert Ian McArtney.doc