Sargent v Murphy [2010] NZLLA 1484 (8 December 2010)

Last Updated: 17 December 2010

[2010] NZLLA 1484

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 049/GM/438/2004 issued to ANTHONY CRAIG MURPHY

BETWEEN STEPHEN DENNIS SARGENT

(Police Officer of Porirua)

Applicant

AND ANTHONY CRAIG MURPHY

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J M Moorhead

DECISION

We have before us an application by Senior Sergeant S D Sargent, of Porirua Police, dated 27 August 2010, for suspension of a General Manager’s Certificate held by Anthony Craig Murphy following a controlled purchase operation conducted on Friday 23 July 2010.

The grounds for the application are that the manager failed to conduct the licensed premises in a proper manner and that the conduct of the manager is such to show that he is not a suitable person to hold the certificate in that he sold liquor to a person under the age of 18 years in breach of the provisions of s.155 of the Act.

The respondent does not dispute the grounds for the application and he has agreed to suspension of his manager’s certificate. Accordingly, we make the following order by consent:

General Manager’s Certificate number 049/GM/438/2004, issued to Anthony Craig Murphy, is suspended for three weeks from Monday 10 January 2011.

DATED at WELLINGTON this 8th day of December 2010

_____________________
B M Holmes
Secretary

AnthonyMurphy.doc(bh)