Humphrey v Marshall [2010] NZLLA 1524 (16 December 2010)

Last Updated: 14 January 2011

[2010] NZLLA 1524

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 048/GM/1129/2007 issued to ELLIOTT MARSHALL

BETWEEN KERRIN ELAINE HUMPHREY

(Police Officer of Lower Hutt)

Applicant

AND ELLIOTT MARSHALL

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J M Moorhead

DECISION

We have before us an application by Constable K E Humphrey, of Lower Hutt Police, dated 3 November 2010, for suspension of a General Manager’s Certificate held by Elliot Marshall following a controlled purchase operation conducted on Friday 9 October 2010.

The grounds for the application are that the manager failed to conduct the licensed premises in a proper manner in that he was the duty manager when liquor was sold 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 048/GM/1129/2007, issued to Elliott Marshall, is suspended for 30 days from Monday 31 January 2011.

DATED at WELLINGTON this 16th day of december 2010

_____________________
B M Holmes
Secretary

Elliott Marshall.doc(bh)