Greenwood v Commercial Hotel [2012] NZLLA 576 (24 May 2012)

Last Updated: 4 July 2012

[2012] NZLLA PH 576-580

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 016/ON/0017/07 and off-licence number 016/OFF/0007/07 issued to NORTHERN PUBS LIMITED in respect of premises situated at 97 Alexandra Street, Te Awamutu, known as “Commercial Hotel”

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension or cancellation of General Manager's Certificate number GM/469/2005 issued to JEANNETTE MARIA SHARPE

BETWEEN CHRISTOPHER RON GREENWOOD

(Police Officer of Te Awamutu)

Applicant

AND NORTHERN PUBS LIMITED

First respondent

AND JEANNETTE MARIA SHARP

Second respondent

AND

IN THE MATTER of applications by NORTHERN PUBS LIMITED pursuant to ss.8 and 41 of the Act for renewal of on and off-licences in respect of premises situated at 97 Alexandra Street, Te Awamutu, known as “Commercial Hotel”

AND

IN THE MATTER of an application by JEANNETTE MARIA SHARP pursuant to s.123 of the Act for renewal of a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at HAMILTON on 18 May 2012

APPEARANCES

Sergeant M van der Veeken – NZ Police – applicant and in opposition to applications for renewal of on and off-licences and General Manager’s Certificate
Mr J N Carruthers and Mr G P Muller – for respondents and applicants for renewal of on and off-licence and General Manager’s Certificate
Mr M R Hayman – Waipa District Licensing Agency Inspector – in opposition to applications for renewal of on and off-licences and General Manager’s Certificate
Mr J C M Parlane - objector

DECISION OF THE AUTHORITY

[1] The grounds contained in the applications pertaining to the two enforcement applications were admitted on behalf of each respondent. In respect of the licensee it was alleged that on 13 and 14 May 2011 the licensed premises were conducted in breach of the provisions of the Act. In the case of the enforcement application against Ms Sharpe it was alleged that she, as duty manager, on the same days failed to conduct the licensed premises in a proper manner.

[2] In each case the allegations were that on 13 May 2011, whilst Ms Sharpe was the duty manager, liquor was sold to two 16 year old Police volunteers; and on 14 May 2011, again while Ms Sharpe was duty manager, two intoxicated patrons were allowed to remain on the premises.

[3] The applications for the renewals of the on and off-licences and Ms Sharpe’s General Manager's Certificate were opposed by the Police and the Inspector on the same grounds.

[4] There was one objection to the applications for the renewals of the on and off-licences. The objector, Mr Parlane was under the misapprehension that the applications sought a variation in the hours when liquor could be sold or supplied to the public. This was not the case.

[5] Some of the grounds of Mr Parlane’s objection do not meet the criteria set out in ss.22 and 45 of the Act. However, the general thrust of his opposition raised questions as to the licensee’s suitability. In this regard, the various allegations contained in the objection were imprecise and, in particular, failed to indicate when certain events had occurred. The Authority has stated on many occasions that objections of this nature need to be precise, and, in particular should give fairly accurate indications as to when the alleged incidents occurred; in order that evidence can be adduced in opposition to them if appropriate.

[6] The Authority concludes:

• [a] That in respect of each enforcement application it is desirable that suspension orders be made. Both respondents accepted that this was the case;
  
• [b] That it is appropriate that each application for the renewal of the licences and certificate respectively be granted but for truncated periods.
  

[7] Accordingly:

• [a] The licensee’s on-licence is suspended for three days commencing 7.00 am on 8 June 2012;
  
• [b] No order is made in respect of the off-licence;
  
• [c] Ms Sharpe’s General Manager's Certificate is suspended for 30 days commencing at 7.00 am on 8 June 2012;
  
• [d] Both the on and off-licences are renewed for two years from 8 November 2011;
  
• [e] The General Manager's Certificate is renewed for 18 months from 28 October 2011.
  

DATED at WELLINGTON this 24th day of May 2012

B M Holmes
Secretary

Commercial Hotel.doc(aw)