Lally v Johnson [2010] NZLLA 630 (2 June 2010)

Last Updated: 3 June 2010

[2010] NZLLA /630

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 GM08/81/2008 issued to BRIDGETTE AMBERLEIGH JOHNSON

BETWEEN CHRISTOPHER DAVID LALLY

(Police Officer of Greenlane)

Applicant

AND BRIDGETTE AMBERLEIGH JOHNSON

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Dr J Horn
Ms J D Moorhead

DECISION

We have before us an application by Sergeant C D Lally of Greenlane Police, dated 31 May 2010, for suspension of a General Manager’s Certificate held by Bridgette Amberleigh Johnson.

The ground for the application is that the manager has failed to conduct the licensed premises in a proper manner.

Routine Police visits were undertaken on 9 October 2009 and on 20 February 2010, at premises at 121 Main Highway, Ellerslie, Auckland, known as “Lube”. Ms Johnson was employed in the capacity of duty manager of the premises. On both occasions intoxicated patrons were located in the premises in breach of s.168 of the Act.

The authorised trading hours for the premises are between 7.00 am and 1.00 am daily. The Police visit on 20 February 2010 took place at 2.36 am, and persons were located in the premises in breach of ss.170(1) and 171 of the Act.

The respondent does not dispute the grounds for the application and she has agreed to suspension of her manager’s certificate. Accordingly, we make the following order by consent:

General Manager’s Certificate number GM08/81/2008, issued to Bridgette Amberleigh Johnson, is suspended for two weeks from Saturday 5 June 2010.

DATED at WELLINGTON this 2ND day of June 2010

______________________
B M Holmes
Deputy Secretary

Bridgette Johnson.doc(ab)