Paulin v Clarendon Hotel [2011] NZLLA 1504 (20 December 2011)

Last Updated: 9 January 2012

[2011] NZLLA 1504

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 069/ON/12/2008 issued to AMIGO INVESTMENTS LIMITED in respect of premises situated at 28 MacLaggan Street, Dunedin, known as "Clarendon Hotel"

BETWEEN IAN PAULIN

(Police Officer of Dunedin)

Applicant

AND AMIGO INVESTMENTS LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Mr P M McHaffie

DECISION

We have before us an application by Acting Sergeant I Paulin of Dunedin Police dated 2 December 2011, for suspension of an on-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 172A – licensee’s offence in respect of a manager by failing to ensure compliance with s.115 (manager required to be on duty); and
(ii) Section 130 – failure to notify termination of manager’s appointment; and
(iii) Section 165 – unauthorised sale or supply; and
(iv) Section 168 – allowing disorderly conduct on licensed premises.

On Sunday 17 September 2011 the Police were called to attend a fight at the “Clarendon Hotel”. Three females were involved in an altercation that culminated in their removal from the premises.

Follwing the incident the Police conducted a compliance check within the premises during which one extremely intoxicated and several moderately intoxicated patrons were located. It was established that the signage in respect of the manager related to a person who was not present in the premises.

Another nominated duty manager had left the previous day and no advice of his termination as a manager had been notified.

The respondent does not dispute the ground for the application and has agreed to suspension of the on-licence. Accordingly, we make the following order by consent:

On-licence number 069/ON/12/2008, issued to Amigo Investments Limited, is suspended for 24 hours from 9.00 am on Sunday 22 January 2012.

DATED at WELLINGTON this 20th day of December 2011

M Langworthy
Deputy Secretary

Clarendon Hotel.doc(ab)