Wilson v Desi Lounge [2011] NZLLA 344 (20 April 2011)

Last Updated: 13 May 2011

[2011] NZLLA 344

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 007/ON/213/2010 issued to DESI LOUNGE LIMITED in respect of premises situated at 258 Karangahape Road, Auckland, known as "Desi Lounge"

BETWEEN ADRIAN JOHN WILSON

(Police Officer of Auckland)

Applicant

AND DESI LOUNGE LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us an application by Constable A J Wilson of Auckland Police dated 1 March 2011, for suspension of an on-licence.

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

(i) Section 164 – permitting minors to be in a supervised area; and
(ii) Section 168 – allowing drunkenness on licensed premises.

On Saturday 5 February 2011, at about 3.54 am, Police entered “Desi Lounge” during inquiries into an assault that had occurred nearby. The licensed premises are designated as a supervised area in their entirety. The Police located the male offender in the bar with a drink in his hand. He was arrested for assault.

Further inquiries revealed that the offender was 17 years of age and that he had no means of identification on his person. When questioned the door staff said that they knew the offender and had admitted him to the premises. The offender was assessed as being moderately intoxicated.

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 007/ON/213/2010, issued to Desi Lounge Limited, is suspended for 24 hours from 9.00 am on Friday 27 May 2011.

DATED at WELLINGTON this 20TH day of April 2011

B M Holmes
Secretary

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