Cooper v BJ'S Tavern [2010] NZLLA 1200 (21 October 2010)

Last Updated: 5 November 2010

[2010] NZLLA 1200-1201

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 048/ON/168/2005 issued to TOCKER LIMITED in respect of premises situated at 23-25 Tocker Street, Taita, Lower Hutt, known as "BJ’s Tavern"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 048/GM/283/2002 issued to BARRY EDWARD FOLEY

BETWEEN SCOTT ANDREW COOPER

(Police Officer of Lower Hutt)

Applicant

AND TOCKER LIMITED

First respondent

AND BARRY EDWARD FOLEY

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us applications by Sergeant S A Cooper of Lower Hutt Police dated 14 January 2010, for suspension of an on-licence and a General Manager’s Certificate following a controlled purchase operation conducted on Friday 4 December 2009.

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 048/ON/168/2005, issued to Tocker Limited, is suspended for three days from 9.00 am on Wednesday 24 November 2010 until 9.00 am on Saturday 27 November 2010.

(b) General Manager’s Certificate number 048/GM/283/2002, issued to Barry Edward Foley, is suspended for two weeks from Monday 22 November 2010.

DATED at WELLINGTON this 21st day of October 2010

______________________
B M Holmes
Secretary

BJ’s Tavern & B Foley.doc(ab)