Jurgeleit v Prestige Cabarets Limited [2010] NZLLA 49 (27 January 2010)

Last Updated: 13 March 2010

Decision No.49/2010

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 on-licence number 021/ON/9244/2007 issued to PRESTIGE CABARETS LIMITED in respect of premises situated at 317 Maunganui Road, Mount Maunganui, known as "Mount Mellick"

BETWEEN DANIELLE MAREE JURGELEIT

(Tauranga District Licensing Agency Inspector)

Applicant

AND PRESTIGE CABARETS LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Dr J Horn
Ms J D Moorhead

DECISION

We have before us an application by Miss D M Jurgeleit, Tauranga District Licensing Agency Inspector, dated 14 September 2009, for suspension of an on-licence held by Prestige Cabarets Limited in respect of premises situated at 317 Maunganui Road, Mount Maunganui, known as “Mount Mellick”.

The grounds for the application are that the licensee has conducted the premises in breach of the provisions of s.171 of the Act by allowing persons to remain on the licensed premises outside the hours authorised for the sale of liquor.

More particularly it is alleged that on eight occasions between 3 August 2009 and 28 August 2009, persons were seen to be on the premises and consuming liquor during times ranging from 1.30 am to 3.13 am.

Closed circuit television footage revealed that the persons involved were members of the staff, their parents, members of performing groups and patrons who had been permitted to remain in the premises after the hour at which they were required to leave. The application was referred to the Authority for determination at a public hearing. The matter was scheduled to be heard on 5 October 2009, but unavailability of counsel required that the fixture be postponed until a mutually acceptable date.

Subsequently, following discussions between the licensee, the Police and the Agency Inspector, it has been agreed that a recommended period of suspension of the on-licence will be imposed by the Authority by consent.

Having considered the recommendation from Miss Jurgeleit we make the following order:

On-licence number 021/ON/9244/2007, issued to Prestige Cabarets Limited, is suspended for 24 hours from 7.00 am on Sunday 28 February 2010.

DATED at WELLINGTON this 27th day of January 2010

______________________
B M Holmes
Deputy Secretary

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