Stevens v Water Bar [2012] NZLLA 1233 (8 November 2012)

New Zealand Liquor Licensing Authority

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Stevens v Water Bar [2012] NZLLA 1233 (8 November 2012)

Last Updated: 16 November 2012

[2012] NZLLA 1233-1234

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 068/ON/37/12 issued to LAKE FRONT ENTERTAINMENT LIMITED in respect of premises situated at 145 Ardmore Street, Wanaka, known as "Water Bar"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 068/GM/151/10 issued to IAN MICHAEL THOMAS

BETWEEN LINDA KAY STEVENS

(Police Officer of Queenstown)

Applicant

AND LAKE FRONT ENTERTAINMENT LIMITED

First respondent

AND IAN MICHAEL THOMAS

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Members: Mr D E Major
Mr R S Miller

DECISION

We have before us applications by Sergeant L K Stevens of Queenstown Police dated 16 October 2012 and 18 October 2012, 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 s.168 of the Act – allowing an intoxicated person to be or to remain in licensed premises; and that the manager has failed to conduct the licensed premises in a proper manner.

The applications result from a routine compliance visit undertaken in “Water Bar” at about 12.15 am on Sunday 26 August 2012. The Police located several persons in the premises whom they assessed as being in varying states of intoxication. When the condition of these patrons was discussed with the manager he accepted the Police assessment.

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 068/ON/37 12, issued to Lake Front Entertainment Limited, is suspended for 48 hours from 7.00 am on Saturday 1 December 2012 until 7.00 am on Monday 3 December 2012.

(b) General Manager’s Certificate number 068/GM/151/10, issued to Ian Michael Thomas, is suspended for four weeks from Monday 12 November 2012.

DATED at WELLINGTON this 8TH day of November 2012

B M Holmes
Secretary

Water Bar & Ian Thomas.doc(ab)