State v Foster [2006] FJMC 17; Criminal Case No 2109 of 2005 (14 August 2006)

IN THE RESIDENT MAGISTRATE’S COURT
AT SUVA

Criminal Case No. 2109 of 2005

STATE

V

SHARON LEIGH FOSTER

Prosecution: Sgt. Wilson.
Accused: Present / Mr O’ Driscoll

JUDGMENT

The accused Sharon Leigh Foster has been charged for contravening the condition of a night club license.

Particulars are on 28th day of August 2005 at Suva being holder of Purple Hoze Nigh Club license she sold liquor and allowed people to drink liquor and dance at her premises after 1 am on Sunday.

The prosecution evidence is that whilst doing bar patrol a police officer entered the night club of the accused. It had flashing lights on, people drinking and dancing with music. Two people were behind the bar which was open but he didn’t see if liquor was sold when he arrived.

When the police officer was seen by the workers the flashes went off and the normal lights were put on. It was 2.30 am. People were still drinking beer.

The opening hours of a night club is till 1 am normally and 12 am on Sunday. Sharon Leigh Foster is the licensee as per liquor secretary of Liquor Tribunal for the period.

The accused elected to remain silent. In her interview she said she has license and has a manager who was at the club that night. She didn’t know if it was open till 2.30 am on 28/8/05.

The manager gave sworn evidence. He said people were finishing their drinks after 1 am that night. The staff were there to clean up the club. Door was still open but the bar had closed. He said about 100 people were in the club. Opening hours he said is 1am on Sundays. He admitted flicking lights were on when police arrived but was put off. He said he was a manger for the accused. He denied music and dancing was still on till 2.30 am. But says people were around. He said the bar closed 1 am that night.

I am satisfied that the accused was the licensee at on 28th August 2005. The night club was open at 2.30 am. It should have been closed. If people were finishing their drinks, it’s likely they would take a little while but the doors would be closed and music and dancing would have stopped. The normal lights would have come on.

It was 2.30 am and the club was operating with doors open as usual. More than 100 people were still there. I am satisfied beyond reasonable doubt that the accused is guilty as a licensee.

She has operated the club beyond the opening hours till 2.30 am on a Sunday. The accused being a licensee is responsible to ensure the conditions of a night club license is complied with at all times.

Her absence from the club or appointing a manger to run the club does not exonerate her from compliance with the conditions of her license.

I find Sharon Leigh Foster guilty of contravening the condition of her license.

Dated this 14th day of August 2006.

Ajmal Gulab Khan
RESIDENT MAGISTRATE