Pay v Criterion Club Hotel [2012] NZLLA 624 (6 June 2012)

Last Updated: 10 July 2012

[2012] NZLLA PH 624-625

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 or cancellation of on-licence number 067/ON013/19/2006 and off-licence number 067/OFF127/23/2006 issued to A M AND C V FLANNERY LIMITED in respect of premises situated at 7-13 Tarbert Street, Alexander, known as “Criterion Club Hotel”

BETWEEN GORDON BRETT PAY

(Police Officer of Alexandra)

Applicant

AND A M AND C V FLANNERY LIMITED

Respondent

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension or cancellation of General Manager's Certificate number GM4769/97 issued to CORRANNE VICKI FLANNERY

BETWEEN GORDON BRETT PAY

(Police Officer of Alexandra)

Applicant

AND CORRANNE VICKI FLANNERY

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Ms J D Moorhead

HEARING at QUEENSTOWN on 31 May 2012

APPEARANCES

Senior Constable G B Pay – NZ Police – applicant
Mr K E Tohill – for respondents
Mrs S L Wilson – Central Otago District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] There are two applications before the Authority. The first has been brought under s.132 of the Act and seeks either the suspension or cancellation of the on and off-licences issued to A M and C V Flannery Limited in respect of the “Criterion Club Hotel” at Alexandra.

[2] It alleges pursuant to s.132(3)(a) of the Act that on 20 August 2011 and 3 September 2011 the licensed premises were conducted in breach of ss.168(1)(a) of the Act (allowing intoxicated persons to remain on licensed premises) and s.166(1) of the Act (sale or supply of liquor to an intoxicated person). The application also alleges a breach of Condition (h) of the on-licence and condition (d) of the off-licence (requiring the licensee to ensure that the provisions of the Act relating to the sale and supply of liquor to prohibited persons are observed). Finally, the application alleges that the conduct of the licensee is such that it is not suitable to hold the licences. The specific allegations are similar to those pertaining to the other grounds mentioned in the application.

[3] The application for the suspension or cancellation of Mrs Flannery’s General Manager's Certificate refers only to the 3 September 2011 incident when she was the duty manager. However, it also alleges pursuant to s.135(3)(b) of the Act that Mrs Flannery’s conduct as manager is such as to show that she is not suitable to hold a General Manager's Certificate. The application refers to a previous suspension of the General Manager's Certificate and discussions with Mrs Flannery indicating that she showed a lack of understanding of the object of the Act. It then refers to the 3 September 2011 incident.

[4] As a result of submissions made by both the Police and counsel for the licensee and Mrs Flannery, it transpired that the licensed premises have not been operating profitably for some time. Further, it seems that Mrs Flannery’s involvement in the operation of the licensed premises is the principal reason that the problems referred to in the applications have occurred. In these circumstances, after an application for an adjournment was refused, all parties submitted that the Authority should adopt their common position. In the circumstances the Authority has agreed to the proposal.

[5] On behalf of the licensee and Mrs Flannery, counsel has undertaken that:

• [a] On or before 15 June 2012 Mrs Flannery will resign as a director of the licensee; and
  
• [b] Henceforth Mrs Flannery will not enter the public bar of the licensed premises except to perform cooking duties and will take no role in the management of the public bar of the licensed premises whilst those premises are open for the sale of liquor.
  

[6] By consent:

• [a] Both licences are suspended for seven days commencing 19 June 2012;
  
• [b] Mrs Flannery’s General Manager's Certificate is cancelled as of the date of this decision.
  

DATED at WELLINGTON this 6th day of June 2012

B M Holmes
Secretary

Criterion Club Hotel.doc(aw)