Lewis v Mermaid Bar [2012] NZLLA 1089 (5 October 2012)

Last Updated: 5 November 2012

[2012] NZLLA 1089-1090

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 049/ON/99/2011 issued to B & M ENTERTAINMENT LIMITED in respect of premises situated on the Ground Floor, 73-75 Courtenay Place, Wellington, known as "Mermaid Bar"

AND

IN THE MATTER of an application pursuant to s.132 of the Act for suspension of on-licence number 049/ON/98/2011 issued to CHOW GROUP LIMITED in respect of premises situated on the First Floor, 73-75 Courtenay Place, Wellington, known as “Splash Club”

BETWEEN JOHN ROBERTSON LEWIS

(Police Officer of Wellington)

Applicant

AND B & M ENTERTAINMENT LIMITED

First respondent

AND CHOW GROUP LIMITED

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Members: Mr D E Major
Mr R S Miller

DECISION

We have before us applications by Sergeant J R Lewis of Wellington Police dated 8 July 2012, for suspension or cancellation of two on-licences.

The parties have resolved the issues between them and there is an agreed summary of facts arrived at as a consequence of the matters that led to the applications being lodged with the Authority. The Liquor Licensing Authority endorses their agreement.

A joint memorandum of the Police and the licensees dated 19 September 2012 has been filed with our Secretary by counsel for the respondents. Paragraph 1 of the memorandum confirms achievement of the agreement. Paragraphs 2 to 7 state as follows:

“2. The licence held in respect of the Mermaid Bar will be suspended for 24 hours between 5.00 pm Friday 19 October 2012 and 5.00 pm Saturday 20 October 2012 on the basis of a breach of s.165(1) Sale of Liquor Act 1989 in that the licensee, through its manager, sold or supplied liquor to a customer who consumed it off the premises, being outside the authorisation of the on-licence on Friday 13 January 2012.

3. The licence held in respect of the Splash Club will be suspended for 48 hours between 5.00 pm Thursday 25 October 2012 and 5.00 pm Saturday 27 October 2012 on the basis of a breach of s.166(1) Sale of Liquor Act 1989 in that the licensee, through its manager, sold or supplied liquor to a customer who was (with the benefit of hindsight) already intoxicated, on or about Friday 13 January, Saturday 14 January 2012.
   
4. The Authority is advised, through this Memorandum, that is has been agreed between the two licensees and Sergeant Lewis that Police licensing and enforcement personnel will visit the two licensed premises, at a time to be arranged as soon as practicable, where they will discuss with the Directors of the licensee companies, and, more importantly, their Duty Managers, best practice under the Sale of Liquor Act.
   
5. The Authority will note, from the Agreed Statement of Facts attached, that for both licensees, this is a first appearance before this Authority for an enforcement matter in over 10 years troublefree trading.
   
6. The licensee for Mermaid Bar has already taken steps to ensure that there is no future removal of alcohol from its premises to Splash Club.
   
7. The licensee for Splash Club has already taken steps to ensure its Duty Managers take a more proactive role, in the brothel, in assessing patrons for intoxication before:
   
   • (a) admitting them; and

(b) selling or supplying any liquor to them.”

Accordingly, we make the following orders by consent:

(a) On-licence number 049/ON/99/2011, issued to B & M Entertainment Limited, is suspended for 24 hours from 5.00 pm on Friday 19 October 2012.

(b) On-licence number 049/ON/98/2011, issued to Chow Group Limited, is suspended for 48 hours 5.00 pm on Thursday 25 October 2012.

DATED at WELLINGTON this 5th day of October 2012

B M Holmes
Secretary

Mermaid Bar & Splash Club.doc(ab)