Sargent v Duffy [2010] NZLLA 660 (21 June 2010)

Last Updated: 25 June 2010

[2010] NZLLA 660-661

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 046/OFF/0006/06 issued to DUFFY & FINN (PORIRUA) LIMITED in respect of premises situated at 18 Parumoana Street, Porirua, known as "Duffy & Finn"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 046/GEN/0002/10 issued to NIXON SINGH MATHARU

BETWEEN STEPHEN DENNIS SARGENT

(Police Officer of Porirua)

Applicant

AND DUFFY & FINN (PORIRUA) LIMITED

First respondent

AND NIXON SINGH MATHARU

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us applications dated 25 May 2010 from Senior Sergeant S D Sargent of Porirua Police, for suspension of an off-licence and a General Manager’s Certificate, following a controlled purchase operation conducted on 2 May 2010.

The grounds for the applications are that the licensed premises have been conducted in breach of the Act and the conditions of the licence. Specifically, on 2 May 2010 a volunteer, aged 16 at the time, was able to purchase a 12 pack of ‘Tui’ beer from the respondents.

The respondents have agreed to suspension of the off-licence and manager’s certificate. Accordingly, we make the following orders by consent:

(a) Off-licence number 046/OFF/0006/06, issued to Duffy & Finn (Porirua) Limited, is suspended for 24 hours from 9.00 am 26 June 2010 to 9.00 am 27 June 2010.

(b) General Manager’s Certificate number 046/GEN/0002/10, issued to Nixon Singh Matharu, is suspended for two weeks from 3 July 2010.

DATED at WELLINGTON this 21stday of June 2010

______________________
B M Holmes
Secretary

Duffy & Finn and Matharu.doc (OS)