Pay v Station Bar [2012] NZLLA 1023 (19 September 2012)

Last Updated: 28 September 2012

[2012] NZLLA 1023

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 067/ON112/5/2012 issued to P & A ALEXANDRA LIMITED in respect of premises situated at 21 Tarbert Street, Alexandra, known as "Station Bar"

BETWEEN GORDON BRETT PAY

(Police Officer of Alexandra)

Applicant

AND P & A ALEXANDRA LIMITED

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 Constable G B Pay of Alexandra Police dated 16 August, for suspension of an on-licence.

The ground for the application is that the premises have been conducted in breach of the provisions of s.168(1)(b) of the Act – allowing disorderly conduct to take place on licensed premises.

On Sunday 24 June 2012 at about 1.45 am the Police conducted a routine compliance visit in premises known as “Station Bar”. Inside the premises the Police located a group of males who had removed their shirts and were wrestling with each other. No attempt was being made by staff to prevent the activity.

After the Police arrived the duty manager attempted to break up the group but she was ignored. The Police restored order and ejected the persons involved. It was explained that it was a ‘play fight’ but the Police were concerned that it could have easily developed into a brawl.

Following discussion with the duty manager she was formally warned for the incident.

The respondent does not dispute the ground for the application and has agreed to suspension of the on-licence. It is common wisdom that any incident in licensed premises that merits a term of suspension generally results in the penalty being imposed on the day of the week on which the incident occurred. However, in a memorandum to our Secretary dated 23 August 2012 Senior Constable Pay has advised that the licensee has made positive improvements to the operation of the business and he does not object to the sanction being imposed on an alternative day, namely a Sunday. Accordingly, we make the following order by consent:

On-licence number 067/ON112/5/2012, issued to P & A Alexandra Limited, is suspended for 24 hours from 7.00 am on Sunday 28 October 2012.

DATED at WELLINGTON this 19th day of September 2012

B M Holmes
Secretary

Station Bar (Alexandra).doc(ab)