Fitzsimons v Ocean Lodge [2010] NZLLA 1377 (19 November 2010)

Last Updated: 17 December 2010

[2010] NZLLA 1377-1378

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 050/ON/14/2000 issued to THE OCEAN LODGE (1995) LIMITED in respect of premises situated at 20 Muritai Street, Nelson, known as "Ocean Lodge"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 050/GM/1276/10 issued to MAHINARANGI MIHAERE

BETWEEN MICHAEL PATRICK FITZSIMONS

(Police Officer of Nelson)

Applicant

AND THE OCEAN LODGE (1995) LIMITED

First respondent

AND MAHINARANGI MIHAERE

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us applications by Sergeant M P Fitzsimons of Nelson Police dated 4 November 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 s.167 of the Act – allowing a person to become intoxicated in licensed premises; and that the manager has failed to conduct the licensed premises in a proper manner.

On Tuesday 26 October 2010 a number of naval ratings were drinking in the premises known as “Ocean Lodge”. Some of the ratings became intoxicated and two engaged in a fight on the premises.

Some of the group subsequently exited the premises and caused damage and disorder to neighbouring property. Police attending the incident located persons on the premises after the hours authorised for the sale of liquor had passed.

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 050/ON/14/2000, issued to The Ocean Lodge (1995) Limited, is suspended for 24 hours from 7.00 am on Tuesday 11 January 2011.

(b) General Manager’s Certificate number 050/GM/1276/10, issued to Mahinarangi Mihaere, is suspended for three weeks from Monday 10 January 2011.

DATED at WELLINGTON this 19th day of November 2010

______________________
B M Holmes
Secretary

Ocean Lodge & Mahinarangi Mihaere.doc(ab)