de la Cour v Gard [2010] NZLLA 875 (19 August 2010)

Last Updated: 27 August 2010

[2010] NZLLA 875-876

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 066/OFF/26/2010 issued to the partnership of RONALD NEIL GARD and SHARYN MARI GARD in respect of premises situated at 625 Weston-Ngapara Road, Enfield, known as "Fort Enfield Tavern"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM 5263/99 issued to RONALD NEIL GARD

BETWEEN ANNE de la COUR

(Waitaki District Licensing Agency Inspector)

Applicant

AND RONALD NEIL GARD and SHARYN MARI GARD (trading in partnership)

First respondent

AND RONALD NEIL GARD

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us applications by Anne de la Cour, Waitaki District Licensing Agency Inspector dated 15 July 2010, for suspension of an off-licence and a General Manager’s Certificate, following a controlled purchase operation conducted on 9 October 2009.

The grounds for the applications are: that the premises have been conducted in breach of the provisions of s.155 of the Act – sale of liquor to a person under 18 years of age; and that the manager has 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 off-licence and manager’s certificate. Accordingly, we make the following orders by consent:

(a) Off-licence number 066/OFF/26/2010, issued to the partnership of Ronald Neil Gard and Sharyn Mari Gard, is suspended for 24 hours from 8.00 am on Friday 24 September 2010.

(b) General Manager’s Certificate number GM 5263/99, issued to Ronald Neil Gard, is suspended for 30 days from Monday 27 September 2010.

DATED at WELLINGTON this 19th day of August 2010

______________________
B M Holmes
Secretary

Enfield Tavern & Gard.doc(bh)