Waite v Edwards [2010] NZLLA 508 (4 May 2010)

Last Updated: 7 May 2010

Decision No.508/2010-509/2010

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 005/ON/71/2007 issued to LIN SHENG LIMITED in respect of premises situated at 8/16 Link Drive, Glenfield, North Shore City, known as "Friday Bar"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/005/104/2009 issued to MATTHEW GEORGE EDWARDS

BETWEEN MARK DAVID WAITE

(Police Officer of North Shore)

Applicant

AND LIN SHENG LIMITED

First respondent

AND MATTHEW GEORGE EDWARDS

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us applications by Constable M D Waite of North Shore Police, dated 8 February 2010 and 5 March 2010 respectively, for suspension of an on-licence and a General Manager’s Certificate.

The applications stem from Police visits to the first respondent’s premises in January and February 2010.

It is alleged that the premises have been conducted in breach of the conditions of the licence requiring the provision of food and the display of notices advertising its availability, failure to supply low-alcohol beverages, and failure to notify the availability of alternative transport options. It is also alleged that the business has traded under the licence when no manager has been on duty as required by s.115 of the Act. This is a breach of the provisions of s.165 of the Act – unauthorised sale or supply of liquor.

It is further alleged that the second respondent, in his capacity as manager, has failed to conduct the licensed premises in a proper manner, by being absent from the premises at the time of the second Police visit in February.

The respondents do not dispute the grounds for the applications and they have agreed to suspension of the on-licence and manager’s certificate.

While we have no previous knowledge of Mr Edwards we note that the Police have twice before brought the first respondent to the attention of the Authority. This has resulted in two separate terms of suspension of the on-licence. The licensee’s record in the conduct of this business is unenviable, and we consider that the Police have demonstrated significant leniency in electing to negotiate a settlement on this occasion. Rather, we would have anticipated that the licensee be required to appear before the Authority to explain its shortcomings.

Nevertheless, in the circumstances, we make the following orders by consent:

(a) On-licence number 005/ON/71/2007, issued to Lin Sheng Limited, is suspended for four days from 10.00 am on Thursday 3 June 2010 until 10.00 am on Monday 7 June 2010.

(b) General Manager’s Certificate number GM/005/104/2009, issued to Matthew George Edwards, is suspended for two weeks from Monday 7 June 2010.

DATED at WELLINGTON this 4TH day of May 2010

______________________
B M Holmes
Deputy Secretary

Friday Bar & Matthews.doc(ab)