Lawn and Proudfoot v JDV Restaurant and Bar [2012] NZLLA 317 (26 March 2012)

Last Updated: 16 April 2012

[2012] NZLLA 317-318

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 060/ON/146/2006 issued to JDV MERIVALE LIMITED in respect of premises situated at 135 Office Road, Christchurch, known as "JDV Restaurant & Bar"

BETWEEN FIONA ANN PROUDFOOT

(Christchurch District Licensing Agency Inspector)

AND ALASTAIR JOHN LAWN

(Police Officer of Christchurch)

Applicants

AND JDV MERIVALE LIMITED

Respondent

AND

IN THE MATTER of an application by JDV MERIVALE LIMITED pursuant to s.18 of the Act for renewal of an on-licence in respect of premises situated at 135 Office Road, Christchurch, known as "JDV Restaurant & Bar"

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us an application filed jointly by Miss F A Proudfoot, Christchurch District Licensing Agency Inspector and Sergeant A J Lawn of Christchurch Police dated 9 March 2012, for suspension of an on-licence held by JDV Merivale Limited in respect of premises situated at 135 Office Road, Christchurch, known as “JDV Restaurant & Bar”.

We are also asked to determine an application for renewal of the licence.

The ground for the suspension application is that the premises have been conducted in breach of the provisions of the following sections of the Act:

(i) Section 115 – failure to have a manager on duty; and
(ii) Section 164 – allowing a minor to be or to remain in a supervised area: and
(iii) Section 165 – unauthorised sale or supply of liquor; and
(iv) Section 168 – allowing drunkenness or disorderly conduct in licensed premises; and
(v) Section 172A – failing to appoint a manager as required by s.130 of the Act.

The offences related to incidents detected in the premises on 10 October 2009 and 9 November 2010.

The respondent does not dispute the grounds for the application and has agreed to suspension of the on-licence. They have also agreed to accept a shortened period of renewal of the licence. By agreement the licensee closed for business for 24 hours on Monday 26 December 2011, a closure that has been confirmed by the applicants. Accordingly, we ratify the following order by consent:

On-licence number 060/ON/146/2006, issued to JDV Merivale Limited, was suspended for 24 hours on Monday 26 December 2011.

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 November 2012, and we authorise the issue of a notice of renewal.

DATED at WELLINGTON this 26th day of March 2012

B M Holmes
Secretary

JDV Restaurant & Bar.doc(ab)