Wilton v The Lounge [2011] NZLLA 704 (21 July 2011)

Last Updated: 29 August 2011

[2011] NZLLA 704-705

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 043/ON/42/2010 and off-licence number 043/OFF/10/2010 issued to PETRA WATKINSON in respect of premises situated at 83 High Street, Carterton, known as "The Lounge"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 043/GM93/2010 issued to PETRA WATKINSON

BETWEEN MIA ANNA-LEE MARIE WILTON

(Police Officer of Carterton)

Applicant

AND PETRA WATKINSON

First and second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us applications by Senior Constable M A-L M Wilton of Carterton Police dated 17 June 2011, for suspension of on and off-licences and a General Manager’s Certificate.

The grounds for the applications are: that the premises have been conducted in breach of the provisions of s.171 of the Act – allowing persons to be on licensed premises outside licensing hours; and that:

(i) the manager has failed to conduct the licensed premises in a proper manner;
(ii) the conduct of the manager has been such as to show that she is not a suitable person to hold the certificate.

At 3.45 am on Saturday 6 February 2011 a Police patrol was driving past licensed premises known as “The Lounge” in High Street, Carterton. The business is licensed as a tavern with hours authorised for the sale of liquor between 7.00 am and 2.00 am daily.

The front doors of the premises were wide open and the Police observed a number of persons in the premises who were all drinking alcoholic beverages. Upon entering the premises the Police assessed some of the persons present as being intoxicated.

The Police spoke to the duty manager, Petra Watkinson, whom they also assessed as being moderately intoxicated. Ms Watkinson acknowledged that she was in breach of the conditions of her licence but said that she ‘believed she was doing the town a favour by remaining open’.

The patrons were required to exit the premises and Ms Watkinson was instructed to close the premises.

At about 4.15 am the same day Ms Watkinson was stopped at a roadside checkpoint and processed by the Police for alcohol intake. She elected to undergo an evidential blood test and registered an excess level of 90 milligrams of alcohol per 100 millilitres of blood. The permissible limit is 80 milligrams per 100 millilitres.

On 24 May 2011 Ms Watkinson was convicted in the Masterton District Court on charges of allowing persons to be on licensed premises after hours, and for driving with excess blood alcohol content. She was fined a total of $700 with $265.78 costs and disqualified from driving for six months.

Ms Watkinson does not dispute the grounds for the applications and she has agreed to suspension of the on and off-licences and her manager’s certificate. Accordingly, we make the following orders by consent:

(a) On-licence number 043/ON/42/2010 and off-licence number 043/OFF/10/2010, issued to Petra Watkinson, are both suspended for 48 hours from 7.00 am on Saturday 20 August 2011 until 7.00 am on Monday 22 August 2011.

(b) General Manager’s Certificate number 043/GM93/2010, issued to Petra Watkinson, is suspended for five weeks from Monday 22 August 2011.

DATED at WELLINGTON this 21st day of July 2011

M Langworthy
Deputy Secretary

The Lounge & Petra Watkinson.doc(ab)