Law v Brunton [2010] NZLLA 78 (12 February 2010)

Last Updated: 13 March 2010

Decision No.PH 78/2010

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for cancellation of General Manager's Certificate number GM/005/30/2008 issued to GREGORY SHAY BRUNTON

BETWEEN BRYCE ROBERT LAW

(Police Officer of Auckland)

Applicant

AND GREGORY SHAY BRUNTON

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Ms J D Moorhead

HEARING at AUCKLAND on 10 February 2010

APPEARANCES

Sergeant B R Law - NZ Police - applicant
No appearance by or on behalf of respondent

ORAL DECISION OF THE AUTHORITY

[1] This is an application dated 5 November 2009, made pursuant to s.135 of the Act for the cancellation of General Manager's Certificate number GM/005/30/2008 issued to Gregory Shay Brunton.
[2] The respondent was issued with a General Manager's Certificate on 19 March 2008. The application for cancellation of the certificate alleges that he has failed to conduct licensed premises in a proper manner. Further it is claimed that he is not a suitable person to hold the manager’s certificate. There was no appearance by the respondent at the hearing notwithstanding that he was advised of the date and time of the hearing.
[3] The case for the applicant is that:

First, the respondent continued working as a manager during a nine weeks suspension of his certificate.

Second, that whilst a duty manager, the respondent left the premises first, for three quarters of an hour in order to cash up and secondly, for over an hour whilst he went home.

Third, this is the third time that his conduct as a manager has come before the Authority. On the first occasion he allowed unaccompanied minors into licensed premises and he received three weeks’ suspension as a result. On the second occasion he permitted intoxicated persons to be or remain on licensed premises and as a result he received a suspension for nine weeks.

Finally, in respect of the latter occasion in its decision NZLLA PH 805/2009 the Authority stated:

“We considered whether to cancel the certificate but have decided to give Mr Brunton a further chance. In saying that, it should be clear that he cannot afford any further matters of this nature to be brought before the Authority.”

[4] During the period of time that the respondent was employed by Ms Boyle at “Nomads Fusion” and the “Fat Camel Hostel and Bar” he not only committed a breach of s.115 of the Act by failing to remain on the premises when was the duty manager, but also he purported to act as a duty manager when he had been suspended from so doing.
[5] It is clear to the Authority that the respondent has conducted himself in a totally cavalier fashion in respect of the responsibility which he has held as a general manager. He has been warned but has failed to take that warning.
[6] In those circumstances the Authority considers that it is desirable that his manager’s certificate be cancelled. Cancellation is to take effect as at today namely, 10 February 2010.

DATED at WELLINGTON this 12TH day of February 2010

B M Holmes
Deputy Secretary

Gregory Brunton.doc(aw)