Sargent v Dabo [2010] NZLLA 629 (2 June 2010)

Last Updated: 3 June 2010

[2010] NZLLA 629

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of a rehearing pursuant to s.110(3) of the Act of an application pursuant to s.132 of the Act for suspension of on-licence number 046/ON/0007/06 issued to DABO LIMITED in respect of premises situated at 35 Kenepuru Drive, Porirua, known as "Bowland Porirua"

BETWEEN STEPHEN DENNIS SARGENT

(Police Officer of Porirua)

Applicant

AND DABO LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Dr J Horn
Ms J D Moorhead

DECISION

In decision [2010] NZLLA 491, dated 3 May 2010, we made an order suspending an on-licence held by Dabo Limited in respect of premises situated at 35 Kenepuru Drive, Porirua, known as “Bowland Porirua”.

The business had failed a controlled purchase operation resulting in an unlawful sale of liquor to a minor. The suspension was to have taken place on Saturday 5 June 2010 during Queen’s Birthday weekend.

Submissions have been made to our Secretary advising that a National Bowling Championship is scheduled to be held in the premises over that weekend and the suspension order is likely to cause considerable inconvenience to all those involved.

Accordingly the respondent has requested that the order for suspension be delayed if possible.

The Police have advised our Secretary that they do not oppose the request.

In the circumstances we agree to rehear the matter on the papers pursuant to s.110(3) and we make the following amended order:

On-licence number 046/0007/06, issued to Dabo Limited, is suspended for 24 hours from 7.00 am on Saturday 12 June 2010.

DATED at WELLINGTON this 2nd day of June 2010

____________________
B M Holmes
Deputy Secretary

Bowland Porirua2.doc(ab)