Sheehan and Thornley v Waitakere Licensing Trust and Willemse [2010] NZLLA 223 (19 March 2010)

Last Updated: 1 April 2010

Decision No. PH 223/2010-
PH 224/2010

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 006/OFF/113/2007 issued to WAITAKERE LICENSING TRUST in respect of premises situated at Royal Heights Shopping Centre, Royal Road, Massey, Waitakere City, known as “Local Liquor Royal Heights”

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager's Certificate number GM/13458/06 issued to JEREMY MIKE WILLEMSE

BETWEEN JASON PAUL SHEEHAN

(Waitakere District Licensing Agency Inspector)

AND JOHN DAVID THORNLEY

(Police Officer of Henderson)

Applicants

AND WAITAKERE LICENSING TRUST

First Respondent

AND JEREMY MIKE WILLEMSE

Second Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Ms J D Moorhead

HEARING at AUCKLAND on 9 February 2010

APPEARANCES

Constable J D Thornley - NZ Police - applicant
Mr J P Sheehan - Waitakere District Licensing Agency Inspector - applicant
Mr C Baker - for respondents

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority are two applications dated 26 November 2009. The first is an application pursuant to s.132 of the Act for the suspension of off-licence number 006/OFF/113/2007 issued to the Waitakere Licensing Trust in respect of premises situated at Royal Heights Shopping Centre, Royal Road, Massey, Waitakere City known as “Local Liquor Royal Heights”.
[2] The second application is brought under s.135 of the Act for the suspension of General Manager's Certificate number GM/13458/06 issued to Jeremy Mike Willemse. In each case the allegation is that the licensed premises have been conducted and the general manager involved undertook conduct, in breach of the provisions of s.155 of the Sale of Liquor Act, in that liquor was sold to a minor.
[3] Earlier today the Authority issued decisions in respect of Aaron Mark Roberts and Valley Wine Merchants Limited (see NZLLA PH 79-81/2010. The factual situation in this case is almost identical. In these circumstances the applicants have invited the Authority to decline each application upon the same grounds as were indicated in the decision affecting Mr Roberts and Valley Wine Merchants Limited.
[4] Accordingly each application is declined.

DATED at WELLINGTON this 19TH day of March 2010

B M Holmes
Deputy Secretary

Waitakere Licensing Trust.doc(aw)