Fitzsimons v Nelson-Tasman [2010] NZLLA 793 (27 July 2010)

Last Updated: 27 July 2010

[2010] NZLLA 793-807

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications pursuant to s.132 of the Act for suspension of on-licence number 050/ON/255/09 issued to THE BOATHOUSE SOCIETY LIMITED in respect of premises situated at 326 Wakefield Quay, Nelson, known as "The Boathouse"; and on-licence number 050/ON/177/06 issued to MUNRO HOTELS LIMITED in respect of premises situated at 66 Trafalger Street, Nelson, known as "Trailways Hotel"; and on-licence number 051/ON/27/09 issued to MARINA MOTELS BAR AND RESTAURANT LIMITED in respect of premises situated at 2 Motupipi Street, Takaka, known as "Telegraph Hotel"; and on-licence number 051/ON/38/01 issued to DAVID JOHN HOVENDEN in respect of premises situated at Tasman Street, Collingwood, known as "Collingwood Tavern"; and on-licence number 051/ON/13/06 issued to the partnership of ANDREW JOHN DIXON and JANE ELLIS DIXON in respect of premises situated at 1259 Takaka-Collingwood Highway, Onekaka, known as "The Mussel Inn"; and on-licence number 051/ON/24/09 issued to CRAIG JOHN HAISTY in respect of premises situated at 3 Commercial Street, Takaka, known as "Roots Cafe/Bar"; and on-licence number 051/ON/20/07 issued to CWL LIMITED in respect of premises situated at 90 Commercial Street, Takaka, known as "Brigand Cafe and Bar"

AND

IN THE MATTER of applications pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 050/GM/1109/08 issued to SANDRA JACQUELINE NANSETT; and General Manager’s Certificate number 050/GM/0562/04 issued to RITA CORNELIA MCMILLAN; and General Manager’s Certificate number 050/GM/0578/04 issued to VINCENZO DELLA ROCCA; and General Manager’s Certificate number GM 1914/98 issued to ALEXANDER PAGE TAYLOR; and General Manager’s Certificate number 051/GM/22/01 issued to VICKI ANNE DAPHNE MCLELLAN; and General Manager’s Certificate number 051/GM/54/03 issued to JANE ELLIS DIXON; and General Manager’s Certificate number 051/GM/09/10 issued to CRAIG JOHN HAISTY; and General Manager’s Certificate number 051/GM/89/07 issued to DANICA LEE KOSTIC

BETWEEN MICHAEL PATRICK FITZSIMONS

(Police Officer of Nelson)

Applicant

AND THE BOATHOUSE SOCIETY LIMITED

MUNRO HOTELS LIMITED

MARINA MOTELS BAR AND RESTAURANT LIMITED

DAVID JOHN HOVENDEN

ANDREW JOHN DIXON and JANE ELLIS DIXON (trading in partnership)

CRAIG JOHN HAISTY

CWL LIMITED

First respondents

AND SANDRA JACQUELINE NANSETT

RITA CORNELIA MCMILLAN

VINCENZO DELLA ROCCA

ALEXANDER PAGE TAYLOR

VICKI DAPHNE ANNE MCLELLAN

JANE ELLIS DIXON

CRAIG JOHN HAISTY

DANICA LEE KOSTIC

Second respondents

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Dr J Horn

DECISION

We have before us applications by Sergeant M P Fitzsimons of Nelson Police, dated 30 June 2010 and 1 July 2010, for suspension of on-licences and General Managers’ Certificates following a controlled purchase operation conducted in the Nelson and Tasman licensing districts on Friday 25 June 2010.

The grounds for the applications are: that the licensed premises have been conducted in breach of the provisions of s.155 of the Act – sale of liquor to a person under the age of 18 years; and that the managers have failed to conduct the licensed premises in a proper manner.

The respondents do not dispute the grounds for the applications and they have agreed to suspension of the licences and managers’ certificates. Accordingly, we make the following orders by consent:

(a) On-licence number 050/ON/255/09, issued to The Boathouse Society Limited, is suspended for 24 hours from 9.00 am on Friday 27 August 2010.

(b) On-licence number 050/ON/177/06, issued to Munro Hotels Limited, is suspended for 24 hours from 11.00 am on Friday 27 August 2010.

(c) On-licence number 051/ON/27/09, issued to Marina Motels Bar and Restaurant Limited, is suspended for 24 hours from 7.00 am on Friday 27 August 2010.

(d) On-licence number 051/ON/38/01, issued to David John Hovenden, is suspended for 24 hours from 9.00 am on Friday 27 August 2010.
(e) On-licence number 051/ON/13/06, issued to the partnership of Andrew John Dixon and Jane Ellis Dixon, is suspended for 24 hours from 11.00 am on Friday 27 August 2010.

(f) On-licence number 051/ON/24/09, issued to Craig John Haisty, is suspended for 24 hours from 10.00 am on Friday 27 August 2010.

(g) On-licence number 051/ON/20/07, issued to CWL Limited, is suspended for 24 hours from 7.00 am on Friday 27 August 2010.

(h) General Manager’s Certificate number 050/GM/1109/08, issued to Sandra Jacqueline Nansett, is suspended for four weeks from Monday 23 August 2010.

(i) General Manager’s Certificate number 050/GM/0562/04, issued to Rita Cornelia McMillan, is suspended for three weeks from Monday 23 August 2010.

(j) General Manager’s Certificate number 050/GM/0578/04, issued to Vincenzo Della Rocca, is suspended for six weeks from Monday 13 September 2010.

(k) General Manager’s Certificate number GM 1914/98, issued to Alexander Page Taylor, is suspended for four weeks from Monday 30 August 2010.

(l) General Manager’s Certificate number 051/GM22/01, issued to Vicki Anne Daphne McLellan, is suspended for three weeks from Monday 23 August 2010.

(m) General Manager’s Certificate number 051/GM/54/03, issued to Jane Ellis Dixon, is suspended for three weeks from Monday 30 August 2010.

(n) General Manager’s Certificate number 051/GM/09/10, issued to Craig John Haisty, is suspended for four weeks from Monday 23 August 2010.

(o) General Manager’s Certificate number 051/GM/89/07, issued to Danica Lee Kostic, is suspended for four weeks from Monday 30 August 2010.

DATED at WELLINGTON this 27THday of July 2010

______________________
B M Holmes
Secretary

Nelson-Tasman CPO.doc(ab)