Chenery v Churstain [2011] NZLLA 330 (11 April 2011)

Last Updated: 3 May 2011

[2011] NZLLA 330

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/005/170/2008 issued to LYNDON ROBERT CHURSTAIN

BETWEEN SHONTAHL JAYDI CHENERY

(Police Officer of North Shore)

Applicant

AND LYNDON ROBERT CHURSTAIN

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us an application by Constable S J Chenery of North Shore Police dated 14 December 2010, for suspension of a General Manager’s Certificate held by Lyndon Robert Churstain.

The ground for the application is that the manager has failed to conduct the licensed premises in a proper manner in that he allowed intoxicated persons to be or to remain in licensed premises, and he allowed persons to be on the licensed premises outside licensing hours in breach of the provisions of ss.168 and 171 of the Act.

At about 1.30 am on Saturday 4 October 2010 the North Shore Tactical Policing Unit was conducting routine liquor licensing compliance inspections along Hurstmere Road, Takapuna. One of those premises, situated at the junction of Anzac Street and Hurstmere Avenue, is known as “Takapuna Bar”, a tavern that has hours authorised for the sale of liquor between 7.00 am and 1.00 am daily. Mr Churstain was the manager on duty in those premises at the time of the Police visit.

There were several persons seated at the outside courtyard area and some of them were consuming alcohol. Upon entering the premises the Police observed a staff member begin to ask patrons to vacate the premises. One of the members of Police spoke to the duty manager and advised him of what they had observed.

At 1.40 am a Police officer observed a female patron consuming wine. She was swaying, her eyes were rolling back in her head and she was unable to remain standing without assistance. The female was separately assessed by two members of the Police as intoxicated and the duty manager concurred with that assessment.

Another patron, a male, became argumentative with the Police. His speech was loud, repetitive and nonsensical and he was also assessed as being intoxicated. The duty manager agreed. The patron’s behaviour deteriorated to the point where he was arrested for breaching the peace.

The manager was asked for an explanation of the state of affairs and responded that he was ‘working in the office and came out to remove patrons later than usual’.

The respondent does not dispute the ground for the application and he has agreed to suspension of his manager’s certificate. Accordingly, we make the following order by consent:

General Manager’s Certificate number GM/005/170/2008, issued to Lyndon Robert Churstain, is suspended for four weeks from Monday 16 May 2011.

DATED at WELLINGTON this 11TH day of April 2011

B M Holmes
Secretary

Lyndon Churstain.doc(ab)