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Loye v Ecco Vino Limited and Weinstein [2007] NZLLA 1323 (18 December 2007)

Last Updated: 29 January 2012

Decision No. 1323-1324/2007

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 007/ON/465/2006 issued to ECCO VINO LIMITED in respect of premises situated at 460-466 New North Road, Kingsland, Auckland, known as "Deve Brasserie"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/007/652/05 issued to GIDON WEINSTEIN

BETWEEN JASON PETER LOYE

(Police Officer of Avondale)

Applicant

AND ECCO VINO LIMITED

First respondent

AND GIDON WEINSTEIN

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Ms J D Moorhead


DECISION

We have before us applications by Sergeant J P Loye of Avondale Police for suspension of an on-licence held by Ecco Vino Limited in respect of premises situated at 460-466 New North Road, Kingsland, Auckland, known as “Deve Brasserie”, and for suspension of a General Manager’s Certificate held by Gidon Weinstein.

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


(i) Section 155 – Sale of liquor to a minor; and

Section 165 – Unauthorised sale; and
that the manager has failed to conduct the licensed premises in a proper manner.

More particularly it is alleged that on Saturday 21 July 2007, two male volunteers, at the time aged 15 years and four months and 16 years and eight months, were requested by the Police, pursuant to s.162(5) of the Act, to enter the licensed premises known as “Deve Brasserie” and attempt to purchase liquor.

The volunteers were able to buy two opened bottles of ‘Heineken’ beer. The server did not challenge the volunteers as to their age and they were not asked for identification. When spoken to by the Police the server and the duty manager both acknowledged that the volunteers should have been asked to prove their ability to purchase liquor.

The respondents do not dispute the grounds for the applications and they accept that suspension of the licence and manager’s certificate is appropriate.

Following discussions with the applicant it has been agreed that recommended terms of suspension will be imposed by the Authority without the requirement to convene a public hearing.

Having considered the recommendations from Sergeant Loye we make the following orders:


(a) On-licence number 007/ON/465/2006, issued to Ecco Vino Limited, is suspended for 24 hours from 8.00 am on Saturday 19 January 2008.

(b) General Manager’s Certificate number GM/007/652/05, issued to Gidon Weinstein, is suspended for one month from Monday 14 January 2008.

DATED at WELLINGTON this 18th day of December 2007

______________________
B M Holmes
Deputy Secretary

DeveBrasserie.doc(ab)


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