McNally v Finn MacCuhals Irish Pub [2012] NZLLA 1292 (30 November 2012)

New Zealand Liquor Licensing Authority

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McNally v Finn MacCuhals Irish Pub [2012] NZLLA 1292 (30 November 2012)

Last Updated: 12 December 2012

[2012] NZLLA 1292-1293

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 020/ON/0149/2011 issued to FINNS TAUPO LIMITED in respect of premises situated at 10 Tuwharetoa Street, Taupo, known as "Finn MacCuhals Irish Pub"

BETWEEN SHANE ROBERT MCNALLY

(Police Officer of Taupo)

Applicant

AND FINNS TAUPO LIMITED

Respondent

AND

IN THE MATTER of an application by FINNS TAUPO LIMITED pursuant to s.18 of the Act for renewal of an on-licence in respect of premises situated at 10 Tuwharetoa Street, Taupo, known as "Finn MacCuhals Irish Pub"

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us an application by Sergeant S R McNally of Taupo Police dated 10 October 2012, for suspension of an on-licence held by Finns Taupo Limited in respect of premises situated at 10 Tuwharetoa Street, Taupo, known as “Finn MacCuhals Irish Pub” following a controlled purchase operation conducted on Friday 31 August 2012.

The ground for the suspension application is that the premises have been conducted in breach of the provisions of s.155 of the Act.

We are also asked to determine an application for renewal of the licence. The Police oppose renewal on the ground stated in the application for suspension of the on-licence as well as for two incidents of disorder in the premises that occurred in July 2012 and August 2012.

Police opposition to renewal is supported by reports from the Bay of Plenty District Health Board and the District Licensing Agency Inspector.

The respondent does not dispute the grounds for the enforcement application and has agreed to suspension of the on-licence.

Following discussions between the respondent and the regulatory authorities the licensee has provided the following undertakings:

(i) Acceptance of a truncated term of renewal of the on-licence for one year; and
(ii) Implementation of a one-way door policy from 2.00 am daily; and
(iii) Continue to lead the ‘Mellow Yellow’ project with all licensees in Taupo; and;
(iv) Adhere to the National Protocol on alcohol promotions; and
(v) The duty manager to wear identifiable clothing or a badge; and
(vi) The duty manager is to be proactive and circulate around the licensed premises.

Accordingly, we make the following order by consent:

On-licence number 020/ON/0149/2011, issued to Finns Taupo Limited, is suspended for 24 hours from 7.00 am on Friday 14 December 2012.

We are satisfied as to the matters to which we must have regard as set out in s.22 of the Act. We renew the licence on the existing terms and conditions until 1 September 2013, that being one year from the first anniversary of the licence and we authorise the issue of a notice of renewal.

DATED at WELLINGTON this 30th day of November 2012

B M Holmes
Secretary

Finn MacCuhals.doc(ab)