Dalziell-Kernohan v Speights Ale House [2010] NZLLA 1375 (19 November 2010)

Last Updated: 17 December 2010

[2010] NZLLA 1375

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of a rehearing pursuant to s.110(3) of the Act of an application pursuant to s.132 of the Act for suspension of on-licence number 015/ON/366/09 issued to BIG CALF LIMITED in respect of premises situated at 30 Liverpool Street, Hamilton, known as "Speights Ale House Hamilton"

BETWEEN JAMES ROBIN DALZIELL-KERNOHAN

(Police Officer of Hamilton)

Applicant

AND BIG CALF LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Mr P M McHaffie

DECISION

In decision [2010] NZLLA 1192 we made an order suspending an on-licence held by Big Calf Limited in respect of premises situated at 30 Liverpool Street, Hamilton, known as "Speights Ale House Hamilton".

Due to a drafting error the suspension of the on-licence was scheduled to take place on Friday 19 November 2010.

The Police and respondent had earlier mutually agreed to a suitable later date for the suspension to take effect.

In the circumstances we agree to rehear the matter on the papers pursuant to s.110(3) and we make the following amended order:

On-licence number 015/ON/366/09, issued to Big Calf Limited, is suspended for 24 hours from 7.00 am on Friday 7 January 2011.

In an associated decision [2010] NZLLA 1193 we also made an order suspending a manager’s certificate held by Ainsley Christopher Zoing. The decision implied that Mr Zoing had been the manager at the afore-mentioned premises. It is accepted that Mr Zoing is not connected with “Speights Ale House Hamilton”. The error is regretted.

DATED at WELLINGTON this 19TH day of November 2010

____________________
B M Holmes
Secretary

Speights Ale House2.doc(ab)