Crepin v Lumsden Hotel [2011] NZLLA 37 (31 January 2011)

Last Updated: 11 February 2011

[2011] NZLLA PH 0037-0040

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.123 of the Act for suspension or cancellation of on-licence number 072/ON/11/2003 and off-licence number 072/OFF/13/2003 issued to LUMSDEN HOTEL LIMITED in respect of premises situated at 6 Diana Street, Lumsden known as “Lumsden Hotel”

BETWEEN PETER CHARLES CREPIN

(Police Officer of Invercargill)

Applicant

AND LUMSDEN HOTEL LIMITED

Respondent

AND

IN THE MATTER of applications by LUMSDEN HOTEL LIMITED pursuant to ss.18 and 41 of the Act for renewal of on and off-licences in respect of premises situated at 6 Diana Street, Lumsden known as “Lumsden Hotel”

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension or cancellation of General Manager's Certificate number GM 2008/151 issued to SUSAN LYNN HANNAGAN

BETWEEN PETER CHARLES CREPIN

(Police Officer of Invercargill)

Applicant

AND SUSAN LYNN HANNAGAN

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Dr J Horn

HEARING at INVERCARGILL on 26 January 2011

APPEARANCES

Sergeant G A Gerken – NZ Police – applicant
Miss T J Surrey – on behalf of respondents
Mr M J Safaiti – Southland District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] This decision relates to four applications.

[2] The first is an application brought pursuant to s.132 of the Act for the suspension or cancellation of the on and off-licences issued to Lumsden Hotel Limited in respect of premises known as “Lumsden Hotel”.

[3] The second application has been brought pursuant to s.135 of the Act for the suspension or cancellation of the General Manager's Certificate issued to Susan Lynn Hannagan.

[4] The third and fourth applications are for the renewal of the on and off-licences issued in respect of the premises situated at 6 Diana Street, Lumsden, known as “Lumsden Hotel”. Each of the licences expired on 6 October 2010.

[5] The application for the suspension or cancellation of the on and off-licences was brought on the grounds that the licensed premises had been conducted in breach of ss.167 and 168(1)(a) of the Act. In addition, the application alleged that the licensed premises had been conducted in breach of the provisions of the conditions of the licences and in an improper manner.

[6] The application for the suspension or cancellation of the manager’s certificate was brought on the grounds that the manager had failed to conduct the licensed premises in a proper manner and that her conduct was such as to show that she was not a suitable person to hold a certificate.

[7] The applications for the renewal of the off and on-licence were opposed by the Police and the Inspector who raised concerns about the suitability of the licensee, the conditions attaching to the licence and the manner in which the licensee has conducted the sale and supply of liquor. The concerns of the opponents to the application were the same matters as were raised in support of the applications for suspension or cancellation.

[8] During the course of the hearing the parties undertook negotiations which resulted in an application to the Authority for consent orders. The Authority agreed to the application for the consent orders in all respects except that it insisted that the on and off-licences only be renewed for a period of 12 months from the date of their expiry. The Authority considered that there was sufficient unchallenged evidence relating to the supply of liquor to intoxicated persons and allowing intoxicated persons to remain on premises to require that any renewal period should be of a probationary nature. The applicant agreed to a renewal of the on and off-licence for 12 months accordingly. In addition, all parties agreed that the renewed licences should no longer permit the sale and supply of liquor on a 24 hour basis and that the hours should be curtailed.

[9] Accordingly, replacement on and off-licences will issue and will be subject to the following orders by consent:

• [a] On-licence number 072/ON/1/2011 is suspended for five days from 7.00 am on 11 February 2011;
  
• [b] Off-licence number 072/OFF/1/2011 is suspended for five days from 7.00 am on 11 February 2011;
  
• [c] General Manager's Certificate number GM 208/151 issued to Susan Lynn Hannagan is suspended for five weeks commencing 7.00 am on 7 February 2011;
  
• [d] On-licence number 072/ON/1/2011 and off-licence number 072/OFF/1/2011 are renewed for 12 months from 6 October 2010;
  
• [e] Condition (c)(ii) of on-licence number 072/ON/1/2011 is varied to read:
  

“Liquor may be sold only from 7.00 am until 3.00 am the following day on each day of the week.”

[f] Condition (b) of off-licence number 072/OFF/1/2011 is varied to read as follows:

“Liquor may be sold or delivered only on the following days and during the following hours from Monday to Sunday from 7.00 am until 12 midnight.”

DATED at WELLINGTON this 31st day of January 2011

M Langworthy
Deputy Secretary

Lumsden Hotel.doc(aw)