Masters [2003] NZLLA 350 (23 May 2003)

Last Updated: 21 July 2010

Decision No. PH 350/2003

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 cancellation of club licence number 005/CL/5/2001 issued to MASTERS SPORTS CLUB INCORPORATED in respect of premises situated at 34 Enterprise Street, Birkenhead, North Shore City, known as “Masters Sports Club Incorporated”

BETWEEN ANDREW BRYAN CRUICKSHANK

(Police Officer of Takapuna)

Applicant

AND MASTERS SPORTS CLUB INCORPORATED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr J C Crookston

DECISION

This is an application by Constable Andrew Bryan Cruickshank, Takapuna Police, for cancellation of club licence number 005/CL/5/2001 issued to Masters Sports Club Incorporated in respect of premises situated at 34 Enterprise Street, Birkenhead, North Shore City, known as “Masters Sports Club Incorporated.

The grounds for the application pursuant to s.132(3)(a) of the Act are that the licensed premises have been conducted in breach of the provisions of the Act and the conditions of the licence. In particular, it is alleged that the premises have traded outside licensed hours and minors have been served liquor in breach of sections 165 and 155 of the Act respectively. It is further alleged that no food has been available, non-members have been allowed to enter the premises and purchase alcohol, and the proceeds from the sale of liquor have not been going to the club in breach of the conditions of the licence.

Masters Sports Club Incorporated has advised, by way of counsel, that it does not seek to defend the application for cancellation of its licence.

Club licence number 005/CL/5/2001 issued to Masters Sports Club Incorporated is hereby cancelled.

DATED at WELLINGTON this 23rd day of May 2003

B M Holmes
Deputy Secretary

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