Lewis v Hope Bros [2010] NZLLA 1520 (16 December 2010)

Last Updated: 7 January 2011

[2010] NZLLA 1520-1521

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 off-licence number 049/ON/7/2010 issued to AM Group (2009) Limited and being operated under a temporary authority issued to CABLE FIELD LIMITED in respect of premises situated on the Ground and First Floors, 31-35 Dixon Street, Wellington, known as "Hope Bros"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 049/GM/452/2010 issued to TYSON JOE TUALA

BETWEEN JOHN ROBERTSON LEWIS

(Police Officer of Wellington)

Applicant

AND CABLE FIELD LIMITED

First respondent

AND TYSON JOE TUALA

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 Lewis, of Wellington Police dated 8 December 2010 for suspension of an on-licence and a General Manager’s Certificate following a controlled purchase operation conducted on Thursday 25 November 2010.

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 minor; and that the conduct of the manager is such to show that he is not a suitable person to hold a certificate.

The respondents do not dispute the grounds for the applications and have agreed to suspension of the on-licence and manager’s certificate. Accordingly, we make the following orders by consent:

[a] On-licence number 049/ON/7/2010, issued to AM Group (2009) Limited and being operated under a temporary authority issued to Cable Field Limited, is suspended for 24 hours from 7.00 am on Thursday 6 January 2011.

[b] General Manager’s Certificate number 049/GM/452/201010, issued to Tyson Joe Tuala, is suspended for three weeks from Monday 31 January 2011.

DATED at WELLINGTON this 16th day of December 2010

______________________
B M Holmes
Secretary

Hope Bros & Tyson Tuala.doc(bh)