Dalziell-Kernohan v BAR 101 [2010] NZLLA 1305 (9 November 2010)

Last Updated: 19 November 2010

[2010] NZLLA 1305-1308

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications pursuant to s.132 of the Act for suspension of on-licence number 015/ON/260/08 issued to RIVERSIDE HOSPITALITY LIMITED in respect of premises situated at 188-192 Victoria Street, Hamilton, known as "Bar 101 and Vegas Gaming Lounge"; and on-licence number 015/ON/297/08 issued to HOSPITALITY FACTORY LIMITED in respect of premises situated at 21 Hood Street, Hamilton, known as "Rodeo Rodeo"; and on-licence number 015/ON/379/10 issued to HOUSE ON HOOD LIMITED in respect of premises situated at 27 Hood Street, Hamilton, known as “House” and “Grand Central”

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 015/GM/804/08 issued to AMY JAYNE HODGSON

BETWEEN JAMES ROBIN DALZIELL-KERNOHAN

(Police Officer of Hamilton)

Applicant

AND RIVERSIDE HOSPITALITY LIMITED

HOSPITALITY FACTORY LIMITED

HOUSE ON HOOD LIMITED

First respondents

AND AMY JAYNE HODGSON

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us applications by Sergeant J R Dalziell-Kernohan of Hamilton Police dated 15 September 2010, for suspension of three on-licences and a General Manager’s Certificate following a controlled purchase operation conducted on Friday 10 September 2010.

The grounds for the applications are: that each of 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-licences and manager’s certificate by consent. Accordingly, we make the following orders:

(a) On-licence number 015/ON/260/08, issued to Riverside Hospitality Limited, is suspended for 24 hours from 7.00 am on Friday 7 January 2011.

(b) On-licence number 015/ON/297/08, issued to Hospitality Factory Limited, is suspended for 24 hours from 7.00 am on Friday 7 January 2011.

(c) On-licence number 015/ON/379/10, issued to House on Hood Limited, is suspended for 24 hours from 7.00 am on Friday 7 January 2011.

(d) General Manager’s Certificate number015/GM/804/08, issued to Amy Jayne Hodgson, is suspended for three weeks from Monday 10 January 2011.

DATED at WELLINGTON this 9th day of November 2010

______________________
B M Holmes
Secretary

Bar 101 & Ors.doc(ab)