Newell and Fitzgerald v Mint Bar [2011] NZLLA 398 (6 May 2011)

Last Updated: 2 June 2011

[2011] NZLLA 398-399

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 068/ON/42/08 issued to ACB HOLDINGS LIMITED in respect of premises situated at 73 Brownston Street, Wanaka, known as "Mint Bar"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 068/GM/344/10 issued to JOSHUA DAVID DREDGE

BETWEEN KEITH PHILIP NEWELL

(Police Officer of Queenstown)

AND MARY ROSE FITZGERALD

(Queenstown-Lakes District Licensing Agency Inspector)

Applicants

AND ACB HOLDINGS LIMITED

First respondent

AND JOSHUA DAVID DREDGE

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 filed jointly by Sergeant K P Newell of Queenstown Police and Ms M R Fitzgerald, Queenstown-Lakes District Licensing Agency Inspector dated 3 May 2011, for suspension of an on-licence and a General Manager’s Certificate.

The grounds for the applications are: that the premises have been conducted in breach of the provisions of ss.165 and 171 of the Act – unauthorised sale of liquor and allowing a person on licensed premises outside licensing hours; and that the conduct of the manager has been such as to show that he is not a suitable person to hold the certificate.

At about 3.00 am on the morning of Sunday 3 April 2011 Sergeant Crosswell of Wanaka Police observed a group of people standing about the entrance to licensed premises known as “Mint Bar”. The business is licensed to trade until 2.30 am, with the 30 minute ‘drink-up’ period prescribed by s.170(1) of the Act. Accordingly, by the time of Sergeant Crosswell’s observation the premises should have been vacated by all persons other than those permitted to remain by s.170(2) or (3) of the Act.

On the morning in question, under the provisions of the Time Act 1974, New Zealand Daylight Saving Time (NZDST) reverted to New Zealand Standard time (NZST) at 3.00 am, thereby retarding the clocks by one hour. At 2.09 NZST Sergeant Crosswell heard music still emanating from the premises and approximately 70 persons were still in the premises, drinking, socialising and dancing.

When spoken to the duty manager, Joshua Dredge, told Sergeant Crisswell that liquor sales could continue because it was not long after 2.00 am. Sergeant Crosswell told Mr Dredge that all other bars in Wanaka had closed at 2.30 NZDST and Mr Dredge’s explanation was a deliberate attempt to extend the authorised trading hours of the premises.

The respondents do not dispute the grounds for the applications and they have agreed to suspension of the on-licence and manager’s certificate. Sergeant Newell has advised our Secretary that Mr Dredge has already accepted a recommendation that his manager’s be suspended for a period of four weeks and has ceased to execute his authority to manage licensed premises for that length of time with effect from Sunday 1 May 2011. The licensee has requested that the recommended suspension of the on-licence, for a 24-hour period, take place as soon as is practicable. Accordingly, we make the following orders by consent:

(a) On-licence number 068/ON/42/08, issued to ACB Holdings Limited, is suspended for 24 hours from 7.00 am on Saturday 7 May 2011.

(b) General Manager’s Certificate number 068/GM/344/10, issued to Joshua David Dredge, is suspended for four weeks from Sunday 1 May 2011.

DATED at WELLINGTON this 6th day of May 2011

B M Holmes
Secretary

Mint Bar & Joshua Dredge.doc(ab)