O'Connell v Duke Backpackers Bar [2012] NZLLA 78 (27 January 2012)

Last Updated: 10 February 2012

[2012] NZLLA 78

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/2/2003 issued to THE DUKE OF EDINBURGH LIMITED in respect of premises situated at 27 Guiness Street, Greymouth, known as "Duke Backpackers Bar"

BETWEEN ALAN O’CONNELL

(Grey District Licensing Agency Inspector)

Applicant

AND THE DUKE OF EDINBURGH LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Dr J Horn

DECISION

We have before us an application by Mr A O’Connell, Grey District Licensing Agency Inspector dated 4 January 2012, for suspension of an on-licence.

The ground for the application is that the premises have been conducted in an improper manner.

More particularly it is alleged that on Sunday 23 October 2011 the annual Greymouth Motorcycle Street Racing event was held. All streets were legally closed by the Local Authority in accordance with reg.3 of the Transport (Vehicular Traffic Road Closure) Regulations 1965, and a total liquor ban was in force.

At 1.45 that afternoon Sergeant S Judd, Alcohol Harm Reduction Officer for Greymouth Police visited the premises known as “Duke Backpackers Bar”. Patrons were located outside on the footpath consuming alcohol in breach of the liquor ban and this was drawn to the attention of the duty manager who said that a doorman would be arriving shortly and a sign would be put up reminding patrons that they could not take drinks off the premises.

At 4.00 pm Sergeant Judd undertook a second visit and again located patrons on the footpath. There was no form of crowd control. Sergeant Judd asked to see a copy of the licence which was reportedly produced from an envelope kept inside the premises. No copy of the licence was on display. Sergeant Judd repeated his earlier warning to the manager regarding permitting liquor consumption outside the premises.

A third visit at 4.57 pm and a fourth at 5.33 pm elicited similar results. On the last visit several of the patrons were showing signs of moderate intoxication and challenged the Police request to re-enter the premises until threatened with arrest.

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

On-licence number 055/ON/2/2003, issued to The Duke of Edinburgh Limited, is suspended for 24 hours from 7.00 am on Sunday 4 March 2012 and for 24 hours from 7.00 am on Sunday 11 March 2012.

DATED at WELLINGTON this 27th day of January 2012

B M Holmes
Secretary

Duke Backpackers Bar.doc(ab)