Formosa v The Rose [2011] NZLLA 526 (17 June 2011)

Last Updated: 15 July 2011

[2011] NZLLA 526-527

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 030/ON/1241/10 issued to ART DECO MASONIC LIMITED in respect of premises situated at 2 Tennyson Street, Napier, known as "The Rose"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/302648/11 issued to STEVEN JURY KAUA

BETWEEN NIGEL ANDREW VINCENT FORMOSA

(Police Officer of Napier)

Applicant

AND ART DECO MASONIC LIMITED

First respondent

AND STEVEN JURY KAUA

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us applications by Sergeant N A V Formosa of Napier Police dated 30 April 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 the following sections of the Act:

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

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

At about 11.50 pm on Saturday 2 April the Police were conducting routine compliance checks in licensed premises in the Napier CBD.

Some minor disorder was detected outside the premises known as “The Rose”. There was a large crowd of people outside the premises blocking the footpath. This prompted Sergeant Formosa to lead the Police team into the premises.

The Police observed a group of eight to 10 patrons, mainly male, who appeared to be engaged in some drinking game involving consuming a 950 millilitre jug of beer as fast as possible.

Two of the patrons involved in the activity were assessed by the Police as being moderately to extremely intoxicated. When spoken to the duty manager, Mr Steven Kaua, accepted that all of the patrons in the group were in varying stages of intoxication. He said that he was ‘keeping an eye’ on the patrons but that he did not have sufficient staff to cope while the bar was very busy.

Mr Kaua subsequently elected to close the bar because of lack of resources to control patron behaviour.

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

(a) On-licence number 030/ON/1241/10, issued to Art Deco Masonic Limited, is suspended for 24 hours from 7.00 am on Saturday 23 July 2011.

(b) General Manager’s Certificate number GM/302648, issued to Steven Jury Kaua, is suspended for four weeks from Monday 25 July 2011.

DATED at WELLINGTON this 17th day of June 2011

B M Holmes
Secretary

The Rose & Steven Kaua.doc(ab)