McGlone v Te Puke Citzens Club [2011] NZLLA 1438 (5 December 2011)

Last Updated: 9 January 2012

[2011] NZLLA 1438

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 club licence number 022/CL/18/92 issued to TE PUKE CITIZENS CLUB INCORPORATED in respect of premises situated at 54 Jellicoe Street, Te Puke, known as "Te Puke Citizens Club"

BETWEEN NIGEL PETER MCGLONE

(Police Officer of Tauranga)

Applicant

AND TE PUKE CITIZENS CLUB INCORPORATED

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 Sergeant N P McGlone of Tauranga Police dated 27 October 2010, for suspension of a club licence.

The ground for the application is that the premises have been conducted in breach of the provisions of the following sections of the Act:

(i) Section 166 – supply of liquor to intoxicated person; and
(ii) Section 167 – allowing a person to become intoxicated; and
(iii) Section 168 – allowing an intoxicated person to be or to remain in licensed premises.

The statement of facts reveals that at about 10.30 pm on Friday 29 July 2011 a female entered the premises known as “Te Puke Citizens Club” to attend a function. She exited the club at about 12.00 midnight and got into her motor vehicle to drive home.

At about 12.15 am the female crossed the centre line on State Highway 2 and struck the trailer unit of a truck and trailer travelling in the opposite direction, despite the best efforts of the truck driver to avoid a collision.

Police who attended the scene found that the female driver of the car was unhurt, but breath test procedures carried out on her registered an excess level of 1494 micrograms of alcohol per litre of breath. The permissible limit 400 micrograms per litre.

Subsequent enquiries were made of the “Te Puke Citizens Club” as to how the person concerned became so intoxicated but the results were inconclusive. Nevertheless, the person who was duty manager on the night in question has since resigned and the club’s executive have been co-operative. The club’s president has agreed to accept suspension of the club’s licence. Accordingly, we make the following order by consent:

Club licence number 022/CL/18/92, issued to Te Puke Citizens Club Incorporated, is suspended for 24 hours from 9.00 am on Friday 13 January 2012.

DATED at WELLINGTON this 5TH day of December 2011

M Langworthy
Deputy Secretary

Te Puke Citizens Club.doc(ab)