Suckling v Skinny Sardine [2010] NZLLA 1460 (6 December 2010)

Last Updated: 17 December 2010

[2010] NZLLA 1460

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 007/ON/161/2009 issued to PALM BEACH CLUBHOUSE LIMITED in respect of premises situated at 124 Ocean View Road, Waiheke Island, known as "Skinny Sardine"

BETWEEN BRIDGET JANE SUCKLING

(Police Officer of Auckland)

Applicant

AND PALM BEACH CLUBHOUSE LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Members: Dr J Horn
Mr P M McHaffie
Ms J D Moorhead

DECISION

In decision [2010] NZLLA 1309 we made an order suspending an on-licence held by Palm Beach Clubhouse Limited in respect of premises situated at 124 Ocean View Road, Waiheke Island, known as "Skinny Sardine".

The duration of the order is 48 hours and suspension was to have commenced on Thursday 6 January 2011.

The respondent seeks to have the date of suspension advanced because the scheduled term in the order falls in the middle of the holiday season. It is submitted that this is likely to cause undue financial hardship.

The Police do not oppose the request.

In the circumstances we agree to rehear the matter on the papers pursuant to s.110(3) and we grant the licensee’s request for an earlier suspension period. Accordingly, we make the following amended order:

On-licence number 007/ON/161/2009, issued to Palm Beach Clubhouse Limited, is suspended for 48 hours from 12.00 midday on Thursday 23 December 2010.

DATED at WELLINGTON this 6TH day of December 2010

______________________
B M Holmes
Secretary

Skinny Sardine2.doc(ab)