Judd v Royal Hotel [2012] NZLLA 1350 (6 December 2012)

Last Updated: 18 December 2012

[2012] NZLLA 1350-1351

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 055/ON/04/2006 issued to the partnership of MARK GILLESPIE and SUZANNE GILLESPIE in respect of premises situated at 128-130 Mawhera Quay, Greymouth, known as "Royal Hotel"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 055/GM/11/2010 issued to MARK JOHN GILLESPIE

BETWEEN SEAN ANTHONY JUDD

(Police Officer of Westport)

Applicant

AND MARK GILLESPIE and SUZANNE GILLESPIE (trading in partnership)

First respondent

AND MARK JOHN GILLESPIE

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Members: Ms J D Moorhead
Mr R S Miller

DECISION

We have before us applications by Sergeant S A Judd of Westport Police dated 20 November 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 any intoxicated person to be or to remain in licensed premises.

The applications stem from a routine compliance visit to the “Royal Hotel” on Saturday 8 September 2012. The Police located a patron in the premises whom they assessed as being intoxicated. The patron was pointed out to the second respondent who was the manager on duty at the time. The manager agreed with the Police assessment of the patron’s condition.

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 055/ON/04/2006, issued to the partnership of Mark Gillespie and Suzanne Gillespie, is suspended for 24 hours from 7.00 am on Saturday 12 January 2013.

(b) General Manager’s Certificate number 055/GM/11/2010, issued to Mark John Gillespie, is suspended for four weeks from Monday 14 January 2013.

DATED at WELLINGTON this 6th day of December 2012

B M Holmes
Secretary

Royal Hotel & Mark Gillespie.doc(ab)