Russell v Mayfield Tavern [2010] NZLLA 1087 (1 October 2010)

Last Updated: 15 October 2010

[2010] NZLLA 1087-1088

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 062/ON/19/06 issued to SEVEN OAKS RECEPTIONS LIMITED (and now known as KIWI ICE 2009 LIMITED) in respect of premises situated at 2006 Arundel Rakaia Gorge Road, Mayfield, Ashburton, known as "Mayfield Tavern / Panthers Rock Cafe"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 062/GM/097/06 issued to KEVIN PATRICK MACKAY

BETWEEN GRANT JOHN RUSSELL

(Police Officer of Ashburton)

Applicant

AND KIWI ICE 2009 LIMITED

First respondent

AND KEVIN PATRICK MACKAY

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Dr J Horn

DECISION

We have before us applications by Senior Sergeant G J Russell of Ashburton Police dated 16 August 2010, for suspension of an on-licence and a General Manager’s Certificate following a controlled purchase operation conducted on Friday 16 July 2010.

The grounds for the applications are: that the premises have been conducted in breach of the provisions of s.155 of the Act – sale of liquor to a person under 18 years of age; and that the manager has failed to conduct the licensed premises in a proper manner.

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 062/ON/19/06, issued to Seven Oaks Receptions Limited (now known as Kiwi Ice 2009 Limited), is suspended for three days from 7.00 am on Saturday 30 October 2010 until 7.00 am on Tuesday 2 November 2010.

(b) General Manager’s Certificate number 062/GM/097/06, issued to Kevin Patrick Mackay, is suspended for 30 days from Monday 1 November 2010.

DATED at WELLINGTON this 1st day of October 2010

______________________
M Langworthy
Deputy Secretary

Mayfield Tavern & Kevin Mackay.doc(ab)