Fitzsimons v Post Bay Hotel [2011] NZLLA 816 (8 August 2011)

Last Updated: 31 August 2011

[2011] NZLLA 816-817

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 050/ON/227/08 issued to M J VENTURES LIMITED in respect of premises situated at the corner of Gloucester Street and Vanguard Street, Nelson, known as "Post Boy Hotel"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 050/GM/06/06 issued to CHRISTOPHER JAMES LAWSON

BETWEEN MICHAEL PATRICK FITZSIMONS

(Police Officer of Nelson)

Applicant

AND M J VENTURES LIMITED

First respondent

AND CHRISTOPHER JAMES LAWSON

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Mr P M McHaffie

DECISION

We have before us applications by Sergeant M P Fitzsimons of Nelson Police dated 5 July 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.167 and 168 of the Act – allowing any person to become intoxicated in licensed premises, and allowing drunkenness or disorderly conduct in licensed premises.

At about 2.50 am on Saturday 25 June 2011 the Police were called to a fight at the “Post Boy Hotel”. A number of intoxicated persons were located at the main entrance, one of whom fell down the steps onto one of the Police officers.

The patrons were generally unco-operative and unruly and three of them were arrested for behavioural offences. Inside the premises further intoxicated persons were located and two more were subsequently arrested for disorderly behaviour.

When spoken to by the Police the duty manager, identified as the second respondent, acknowledged that insufficient server intervention had been exercised in relation to patron behaviour and their manner of liquor consumption.

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 050/ON/227/08, issued to M J Ventures Limited, is suspended for 24 hours from days from 7.00 am on Saturday 3 September 2011.

(b) General Manager’s Certificate number 050/GM/06/06, issued to Christopher James Lawson, is suspended for four weeks from Monday 29 August 2011.

DATED at WELLINGTON this 8th day of August 2011

B M Holmes
Secretary

Post Boy Hotel & Christopher Lawson.doc(ab)