Dalziell-Kernohan v Van Den Bemd [2008] NZLLA 700 (27 May 2008)

New Zealand Liquor Licensing Authority

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Dalziell-Kernohan v Van Den Bemd [2008] NZLLA 700 (27 May 2008)

Last Updated: 31 January 2010

Decision No. 700/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 015/GM/674/07 issued to MICHAEL JOHN VAN DEN BEMD

BETWEEN JAMES ROBIN DALZIELL-KERNOHAN

(Police Officer of Hamilton)

Applicant

AND MICHAEL JOHN VAN DEN BEMD

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Dr J Horn

DECISION

We have before us an application by Sergeant J R Dalziell-Kernohan for suspension of a General Manager’s Certificate held by Michael John Van den Bemd.

The ground for the application is that the manager has failed to conduct licensed premises in a proper manner.

More particularly it is alleged that on Friday 28 September 2007 a controlled purchase operation was conducted in the Hamilton licensing district. The purpose of the operation was to monitor the operation of on-licensed premises in relation to compliance with the provisions of the Act and the conditions of licences.

A male volunteer aged 17 years was requested by the Police, pursuant to s.162(5) of the Act, to enter licensed premises known as “Axces’ and attempt to purchase liquor.

The volunteer was able to purchase 2 glasses of ‘Lion Red’ beer. The sales person did not ask the volunteer his age or request any form of identification. The respondent, who was the manager on duty at the time did not witness the sale, but he accepts that final responsibility for unlawful sale rests with the duty manager.

Mr Van den Bemd does not dispute the ground for the application and he acknowledges that suspension will be the likely outcome of any proceedings before the Authority.

Following discussion with Sergeant Dalziell-Kernohan the respondent has agreed to a recommended term of suspension of his certificate without the requirement to appear at a public hearing.

Having considered the recommendation from the Police we make the following order:

General Manager’s Certificate number 015/GM/674/07, issued to Michael John Van den Bemd, is suspended for two weeks from Monday 23 June 2008.

DATED at WELLINGTON this 27th day of May 2008

______________________
B M Holmes
Deputy Secretary

Michael Van den Bemd.doc(ab)