Burnett v Outback hotel [2010] NZLLA 1319 (10 November 2010)

Last Updated: 19 November 2010

[2010] NZLLA 1319

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 035/ON/005/2009 issued to THE OUTBACK HOTEL 2009 LIMITED in respect of premises situated at 22 Mawhitiwhiti Road, Normanby, known as "Outback Hotel"

BETWEEN ROBYN ALEXANDRA EILA BURNETT

(Police Officer of Hawera)

Applicant

AND THE OUTBACK HOTEL 2009 LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Mr P M McHaffie

DECISION

We have before us an application by Sergeant R A E Burnett of Hawera Police dated 14 October 2010 for suspension of an on-licence held by The Outback Hotel 2009 Limited in respect of premises situated at 22 Mawhitwhiti Road, Normanby, known as “Outback Hotel”.

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

(a) Section 164 – allowing a minor to enter and remain in a restricted area; and
(b) Section 168 – allowing intoxicated persons to remain on licensed premises; and
(c) Section 169 – sale of spirits in otherwise than a vessel of a capacity not exceeding 500 millilitres.

The application arises out of an event known as the ‘Hawera Pushbike Pub Crawl’, which generally takes place on a weekend just prior to Christmas. Participants dress up and ride modified bicycles from Hawera to Normanby and back, traditionally consuming liquor (some of which may have been brought along by the participants) at various licensed premises along the route.

The Police, District Health Board and District Licensing Agency staff held a meeting with the various licensees along the route prior to the 2009 event in order to remind them of their obligations in relation to the sale and supply of liquor to prohibited persons, the prohibition of the sale of spirits in ‘The Longest Drink in Town’ drinking vessels, which are apparently a feature of the event in these premises, and for the requirement to ensure provision of adequate food during the time that participants would be on licensed premises.

The event has become a source of concern to the regulatory authorities, with frequent incidents of intoxication and unacceptable behaviour. Licensees were cautioned that the authorities would be monitoring the event to ensure licensees’ compliance. The event took place on 19 December 2009.

The respondent had obtained a special licence not only to allow the sale and supply of liquor not only in the interior of the premises, but to include the car park that bordered Mawhitiwhiti Road.

Cherie Louise Bunn, a director of the licensee was duty manager for the day in the car park area, and Joanne Pare Uerata was the duty manager inside the licensed premises.

In brief, despite the regulatory authorities’ best efforts, numerous incidents of intoxication were detected and, notwithstanding earlier warnings to the contrary, spirits were served to patrons inside the premises in milkshake containers of 750 millilitres capacity, and labelled ‘The Longest Drink in Town’. Additionally a 17 year-old male was found in the car park area. He was unable to produce any identification.

By decision [2010] NZLLA PH 960, as a result of a Police application in relation the event, Joanne Uerata had an order for suspension of her General Manager’s Certificate imposed by the Authority following a public hearing at New Plymouth on 20 August 2010.

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

On-licence number 035/ON/005/2009, issued to The Outback Hotel 2009 Limited, is suspended for 24 hours on the day of the ‘2010 Hawera Push Bike Pub Crawl’, the date for which is to be notified in advance to the Hawera Police and South Taranaki District Licensing Agency.

DATED at WELLINGTON this 10th day of November 2010

______________________
B M Holmes
Secretary

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