Campbell and Mitchell v Lonestar Cafe and Bar [2012] NZLLA 863 (30 July 2012)

Last Updated: 22 August 2012

[2012] NZLLA 863-864

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 039/ON/6/2009 issued to STEEL BREEZE LIMITED in respect of premises situated at 36 The Square, Palmerston North, known as "Lonestar Cafe and Bar"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 039/GM/18/2007 issued to CRAIG WILLIAM SMITH

BETWEEN MICHELLE LEE CAMPBELL

(Police Alcohol Harm Reduction Officer of Palmerston North)

AND SUSAN MITCHELL

(Palmerston North District Licensing Agency Inspector)

Applicants

AND STEEL BREEZE LIMITED

First respondent

AND CRAIG WILLIAM SMITH

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us applications filed jointly by Ms M L Campbell of Palmerston North Police, and Ms S Mitchell, Palmerston North District Licensing Agency Inspector dated 22 June 2012, for suspension of an on-licence and a General Manager’s Certificate following a controlled purchase operation conducted on Friday 25 may 2012.

The grounds for the applications are: that the premises have been conducted in breach of the provisions of the following sections of the Act:

(i) Section 155 – sale of liquor to a person under 18 years of age; and
(ii) Section 130 – failure to notify appointment of manager; and
(iii) Section 164 – allowing a minor in a supervised area; and
(iv) Section 165 – unauthorised sale or supply; and

that the manager has failed to conduct the licensed premises in a proper manner.

During subsequent discussions with the staff of “Lonestar” following the unlawful sale to a minor it was established that there had been no notification of appointment of a temporary manager in the premises as required by s.130 of the Act. As a consequence any liquor sales made during the ‘tenure’ of the temporary manager would have been unlawful in tems of s.165 of the Act.

The respondents do not dispute the grounds for the applications and they have agreed to suspension of the on-licence and manager’s certificate. Accordingly, we make the following orders by consent:

(a) On-licence number 039/ON/6/2009, issued to Steel Breeze Limited, is suspended for 24 hours from 7.00 am on Friday 10 August 2012.

(b) General Manager’s Certificate number 039/GM/18/2007, issued to Craig William Smith, is suspended for four weeks from Monday 20 August 2012.

DATED at WELLINGTON this 30th day of July 2012

B M Holmes
Secretary

Lonestar & Craig Smith.doc(ab)