Stevenson v Flaxmere Tavern [2010] NZLLA 1091 (1 October 2010)

Last Updated: 15 October 2010

[2010] NZLLA 1091

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 O29/ON/006/2006 issued to TRUST HOUSE LIMITED in respect of premises situated at Swansea Road, Flaxmere, known as "Flaxmere Tavern"

BETWEEN MICHAEL CHARLES STEVENSON

(Police Officer of Hastings)

Applicant

AND TRUST HOUSE LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Dr J Horn

DECISION

We have before us an application by Sergeant M C Stevenson of Hastings Police dated 19 August 2010 for suspension of an on-licence.

The ground for the application is that that: the licensed premises have been conducted in breach of the provisions of s.167 of the Act – allowing any person to become intoxicated on licensed premises; and in breach of the condition of the licence requiring the licensee to ensure that the provisions of the Act in relation to the sale and supply of liquor to prohibited persons are observed.

During a routine compliance visit to the “Flaxmere Tavern” conducted by the Police on 29 January 2010, a male person was located in the licensed premises whom the Police assessed as being demonstrably intoxicated.

A further compliance visit was conducted on 4 February 2010. Again the Police located a visibly intoxicated patron in the premises.

The respondent does not dispute the ground for the application and has agreed to suspension of the on-licence. Accordingly, we make the following order by consent:

On-licence number 029/ON/006/2006, issued to Trust House Limited, is suspended for one day on Saturday 6 November 2010.

DATED at WELLINGTON this 1st day of October 2010

______________________
M Langworthy
Deputy Secretary

Flaxmere Tavern.doc(ab)