Newman v Whataroa Hotel [2011] NZLLA 166 (10 March 2011)

Last Updated: 25 March 2011

[2011] NZLLA 166-167

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 056/ON/51/2010 and off-licence number 056/OF/52/2010 issued to MJM HOTELS LIMITED in respect of premises situated at 77 Scally Road, Whataroa, known as "Whataroa Hotel"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 056/GM/39/2009 issued to MICHAEL JOSEPH MYLES

BETWEEN EDWARD JOHN NEWMAN

(Westland District Licensing Agency Inspector)

Applicant

AND MJM HOTELS LIMITED

First respondent

AND MICHAEL JOSEPH MYLES

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us applications by Mr E J Newman, Westland District Licensing Agency Inspector dated 16 December 2010 and 17 December 2010 respectively, for suspension of on and off-licences and a General Manager’s Certificate.

The grounds for the applications are: that the premises have been conducted in breach of the provisions of the following sections of the Act:

(i) Section 167 – allowing person(s) to become intoxicated; and
(ii) Section 168 – allowing drunkenness or disorderly conduct in licensed premises;

and that the manager has failed to conduct the licensed premises in a proper manner.

On Saturday 6 November 2010 a routine inspection of the premises known as “Whataroa Hotel” was undertaken by the Police, a member of Community Public Health and a Licensing Inspector. A number of persons located in the premises were assessed as being in varying stages of intoxication. Included in this number was the duty manager.

The respondents do not dispute the grounds for the applications and they have agreed to suspension of the on and off-licences and manager’s certificate. Accordingly, we make the following orders by consent:

(a) On-licence number 056/ON/51/2010 and off-licence number 056/OF/52/2010, issued to MJM Hotels Limited, are both suspended for three days from 7.00 am on Thursday 14 April 2011 until 7.00 am on Sunday 17 April 2011.

(b) General Manager’s Certificate number 056/GM/39/2009, issued to Michael Joseph Myles, is suspended for 30 days from Monday 18 April 2011.

DATED at WELLINGTON this 10th day of March 2011

______________________
B M Holmes
Secretary

Whataroa Hotel & Michael Myles.doc(ab)