Proudfoot and Lawn v Taniyama [2011] NZLLA 1101 (4 October 2011)

Last Updated: 17 October 2011

[2011] NZLLA 1101-1102

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 suspension of General Manager’s Certificate number GM/060/729/2009 issued to MEGUMI TANIYAMA

BETWEEN FIONA ANN PROUDFOOT

(Christchurch District Licensing Agency Inspector)

AND ALASTAIR JOHN LAWN

(Police Officer of Christchurch)

Applicants

AND MEGUMI TANIYAMA

Respondent

AND

IN THE MATTER of an application by MEGUMI TANIYAMA pursuant to s.123 of the Act for renewal of a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Dr J Horn
Mr P M McHaffie

DECISION

We have before us an application filed jointly by Ms F A Proudfoot, Christchurch District Licensing Agency Inspector, and Sergeant A J Lawn of Christchurch Police dated 14 September 2011, for suspension of a General Manager’s Certificate held by Megumi Taniyama.

We are also asked to determine an application to renew the certificate. The Police and District Licensing Agency Inspector oppose renewal for the reasons set out in the application for suspension, the grounds for which are that the manager has failed to conduct the licensed premises in a proper manner; and that the conduct of the manager has been such as to show that she is not a suitable person to hold the certificate.

More particularly it is alleged that the premises have been conducted in breach of the provisions of the following sections of the Act:

(i) Section 155 – sale of liquor to a person under the age of 18 years; and
(ii) Section 165 – unauthorised sale or supply; and
(iii) Section 166 – sale of liquor to an intoxicated person; and
(iv) Section 167 – allowing a person to become intoxicated; and
(v) Section 168 – allowing drunkenness or disorderly conduct on licensed premises.

On 9 February 2011 the respondent was the duty manager in premises known as “Sunshine Restaurant” when a group of persons entered and were sold liquor. One of the persons was under the age of 18 years and not accompanied by a parent or guardian. Two of the customers were permitted to consume liquor to the point where they became intoxicated. They were permitted to remain in the premises and they continued to be sold liquor. One female customer was so intoxicated that, upon leaving the premises she vomited.

The respondent does not dispute the grounds for the enforcement application and she has agreed to suspension of her manager’s certificate. However, due to Ms Taniyama’s employment having been affected by the February 22 earthquake, the applicants do not seek any order for suspension, although they submit that the incident should be recorded. Ms Taniyama has agreed to accept a shortened period of renewal of the certificate. Accordingly we deal with that matter on the papers.

We are satisfied as to the matters to which we must have regard in s.126 of the Act and we renew the certificate for 18 months until 17 September 2012. A notice of renewal is attached to this decision.

DATED at WELLINGTON this 4th day of October 2011

B M Holmes
Secretary

Megumi Taniyama.doc(ab)