Dowson v Malones [2010] NZLLA 543 (5 May 2010)

Last Updated: 7 May 2010

Decision No.543/2010

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 007/ON/632/2008 issued to MALONE’S LIMITED in respect of premises situated at 6 Miami Avenue, Surfdale, Waiheke Island, known as "Malone’s"

BETWEEN BRAD ERIC DOWSON

(Police Officer of Auckland)

Applicant

AND MALONE’S LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us an application by Constable B E Dowson of Auckland Police dated 18 September 2009, for suspension of an on-licence following a Police visit to these premises on 11 September 2009. The visit was prompted on the basis of information received.

During the visit the police located a 15 year-old person in the premises who was unaccompanied, two incidents of disorder occurred and there was evidence of patron intoxication. One female patron was subsequently arrested.

The respondent did not contest the ground for the application and it was agreed that suspension of the on-licence was appropriate. A recommended period of suspension was negotiated and was to have taken place in late October last year. Due to a breakdown in communication the suspension was not ordered within the time available and the licensee subsequently went overseas for some weeks.

Since the licensee’s return the Police have undertaken further discussions and a term of suspension has now been satisfactorily arranged. Accordingly, we make the following order by consent:

On-licence number 007/ON/632/2008, issued to Malone’s Limited, is suspended for three days from 9.00 am on Sunday 30 May 2010 until 9.00 am on Wednesday 2 June 2010.

DATED at WELLINGTON this 5th day of May 2010

______________________
B M Holmes
Deputy Secretary

Malone’s.doc(ab)