Wilson v Charlies Bar [2010] NZLLA 1224 (22 October 2010)

Last Updated: 5 November 2010

[2010] NZLLA 1224-1225

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 007/ON/562/2009 issued to CHARLIES ENTERTAINMENT LIMITED in respect of premises situated at 366-368 Karangahape Road, Newton, Auckland, known as "Charlies Bar"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/007/818/2009 issued to DEBORAH BARNES

BETWEEN ADRIAN JOHN WILSON

(Police Officer of Auckland)

Applicant

AND CHARLIES ENTERTAINMENT LIMITED

First respondent

AND DEBORAH BARNES

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us applications by Constable A J Wilson of Auckland Police dated 26 July 2010 for suspension of an on-licence and a General Manager’s Certificate.

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

(a) Section 164 – permitting minors in a supervised area; and
(b) Section 168 – allowing drunkenness in licensed premises; and

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

The applications arise out of two incidents, the first of which, during a routine Police visit to the premises on Thursday 24 June 2010, when a person located in the premises was assessed by the Police to be moderately to extremely intoxicated. Other persons in the premises were also assessed as being in varying stages of intoxication.

On Saturday 26 June 2010, acting on information from a social worker, a missing female aged 14 years was located in “Charlies Bar”. Although not consuming alcohol she had been permitted to remain unaccompanied in a supervised area. The female was removed from the premises by the Police and returned to CYFS custody.

The respondents do not dispute the grounds for the applications and they have agreed to suspension of the on-licence and manager’s certificate. Accordingly, we make the following orders by consent:

(a) On-licence number 007/ON/562/2009, issued to Charlies Entertainment Limited, is suspended for 24 hours from 8.00 am on Thursday 25 November 2010 and for 24 hours from 8.00 am on Saturday 27 November 2010.

(b) General Manager’s Certificate number GM/007/818/2009, issued to Deborah Barnes, is suspended for four weeks Monday 22 November 2010.

DATED at WELLINGTON this 22nd day of October 2010

______________________
B M Holmes
Secretary

Charlies Bar & Deborah Barnes.doc(ab)