Loye v The Fat Controller [2012] NZLLA 333 (4 April 2012)

Last Updated: 4 May 2012

[2012] NZLLA 333

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 007/ON/9348/2011 issued to THE IVY KINGSLAND LIMITED in respect of premises situated at 463 New North Road, Kingsland, Auckland, known as "The Fat Controller"

BETWEEN JASON PETER LOYE

(Police Officer of Auckland)

Applicant

AND IVY KINGSLAND LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Mr P M McHaffie

DECISION

We have before us an application by Sergeant J P Loye of Auckland Police dated 16 December 2011, for suspension of an on-licence.

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

(i) Section 165 – unauthorised sale or supply; and
(ii) Section 167 – allowing any person to become intoxicated in licensed premises; and
(iii) Section 168 – allowing drunkenness or disorderly conduct in licensed premises; and
(iv) Section 172A – licensee’s offences in respect of a manager; and
(v) Section 115 – failing to have a manager on duty.

On Saturday 26 November 2011 Police were called to an incident of disorder at the junction of Central Road and New North Road, Kingsland.

A group of people were located outside the licensed premises known as “The Fat Controller”. Some of these people were in the defined licensed outdoor area delineated by bollards, while others were on the public footpath, at least one of whom was consuming liquor.

The Police entered the licensed premises and located several persons who were assessed as being in varying stages of intoxication. A person named Tai Mirfin, who identified himself as the duty manager, told the Police that he had closed the bar because some of his patrons had become too intoxicated to remain.

An ambulance was summoned for a female patron located in the premises whose level of intoxication was sufficienty severe to cause concern for the Police. When the ambulance arrived a dispute broke out among friends of the female who tried to prevent her being treated or put in the ambulance.

It became necessary for the Police to call for back up as the degree of aggression being demonstrated by the patrons was causing concern. It took the Police some time to restore order and disperse the persons milling around the premises.

The respondent does not dispute the ground for the application and has agreed to suspension of the on-licence. Accordingly, we make the following order by consent:

On-licence number 007/ON/9348/2011, issued to The Ivy Kingsland Limited, is suspended for two days on Saturday 7 April 2012 and Monday 9 April 2012.

DATED at WELLINGTON this 4th day of April 2012

Maria Galvin
Deputy Secretary

The Fat Controller.doc(ab)