Burnett and Lawrence v Bunn [2010] NZLLA 1094 (1 October 2010)

Last Updated: 15 October 2010

[2010] NZLLA 1094

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 of General Manager’s Certificate number 015/GM/1351/09 issued to CHERIE LOUISE BUNN

BETWEEN ROBYN ALEXANDRA EILA BURNETT

(Police Officer of Hawera)

AND DAVID LAWRENCE

South Taranaki District Licensing Agency Inspector)

Applicants

AND CHERIE LOUISE BUNN

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us an application filed jointly by Sergeant R A E Burnett of Hawera Police and Mr D Lawrence, South Taranaki District Licensing Agency Inspector, dated 7 July 2010, for suspension of a General Manager’s Certificate held by Cherie Louise Bunn.

The ground for the application is that the manager has failed to conduct the licensed premises in a proper.

Ms Bunn was the duty manager of premises in Normanby known as the “Outback Hotel” on Saturday 19 December 2009. On that day an event known as the ‘2009 Pushbike Pub Crawl’ took place.

During the course of the event a number of the participants were located by the Police at the premises. Several of these persons were assessed by Police as being in varying stages of intoxication and had been permitted to remain in the premises in breach of s.168 of the Act.

Ms Bunn was subsequently charged with allowing intoxicated persons to remain in the premises and when she appeared in the Hawera District Court she pleaded guilty to the charge. Ms Bunn was convicted and discharged on payment of a donation of $400 to charity.

The respondent does not dispute the ground for the application and she has agreed to suspension of her manager’s certificate. Accordingly, we make the following order by consent:

General Manager’s Certificate number 015/GM/1351/09, issued to Cherie Louise Bunn, is suspended for one week from Monday 1 November 2010.

DATED at WELLINGTON this 1st day of October 2010

______________________
M Langworthy
Deputy Secretary

Cherie Bunn.doc(ab)