Stevenson v Powell [2011] NZLLA 789 (29 July 2011)

Last Updated: 29 August 2011

[2011] NZLLA 789

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 029/GM/064/2009 issued to KERI JEWEL POWELL

BETWEEN MICHAEL CHARLES STEVENSON

(Police Officer of Hastings)

Applicant

AND KERI JEWEL POWELL

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Ms J D Moorhead

DECISION

We have before us an application by Senior Sergeant M C Stevenson of Hastings Police dated 22 January 2011, for suspension of a General Manager’s Certificate held by Keri Jewel Powell.

The ground for the application is that the manager has failed to conduct the licensed premises in a proper manner in that she allowed intoxicated persons to be or to remain in licensed premises in breach of s.166 of the Act.

On Saturday 4 September 2010 the Police were called to attend at licensed premises in Heretaunga Street West, Hastings, known as “Liquid Central Bar”. Incidents of disorder had been reported.

On arrival at the premises the Police found a number of persons scuffling and fighting, shouting obscenities and generally behaving in a disorderly fashion. Several of the persons present were assessed as being in varying stages of intoxication and some of those persons were subsequently arrested. The Police ordered closure of the premises in accordance with the provisions of s.174 of the Act.

Ms Keri Powell was the manager on duty at the time the incident occurred.

The respondent does not dispute the ground for the application and she has agreed to suspension of her manager’s certificate. Accordingly, we make the following order by consent:

General Manager’s Certificate number 029/GM/064/2009, issued to Keri Jewel Powell, is suspended for three months from 1 September 2011.

DATED at WELLINGTON this 29th day of July 2011

M Langworthy
Deputy Secretary

Keri Powell.doc(ab)