Stevenson v Dive Bistro and Bar [2011] NZLLA 113 (1 March 2011)

Last Updated: 11 March 2011

[2011] NZLLA 113-114

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 029/ON/010/2008 issued to BLAISE BEACH LIMITED in respect of premises situated at 10 Napier Road, Havelock North, known as "Diva Bistro & Bar"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 029/GM/132/2009 issued to THOMAS MARK NICOLLE

BETWEEN MICHAEL CHARLES STEVENSON

(Police Officer of Hastings)

Applicant

AND BLAISE BEACH LIMITED

First respondent

AND THOMAS MARK NICOLLE

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 C Stevenson of Hastings Police dated 20 January 2011, 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 on licensed premises; and that the manager has failed to conduct the licensed premises in a proper manner.

On Friday 3 September 2010 the Police conducted a compliance check in the licensed premises known as “Diva Bistro & Bar. Inside the premises they located a male patron who displayed obvious signs of intoxication. When spoken to the duty manager (the second respondent) acknowledged that he knew the patron was present in that condition and that he should not have been served any alcohol. It was admitted that the patron had been served with two ‘shots’ of tequila some 30 minutes previously.

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 029/ON/010/2008, issued to Blaise Beach Limited, is suspended for 24 hours from 7.00 am on Tuesday 5 April 2011.

(b) General Manager’s Certificate number 029/GM/132/2009, issued to Thomas Mark Nicolle, is suspended for two weeks from Monday 4 April 2011.

DATED at WELLINGTON this 1st day of March 2011

______________________
Maria Galvin
Deputy Secretary

Diva Bistro & Thomas Nicolle.doc(ab)