Wilson v Stadium [2010] NZLLA 984 (3 September 2010)

Last Updated: 17 September 2010

[2010] NZLLA 984

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 on-licence number 007/ON/208/2009 issued to IBIZA LIMITED in respect of premises situated at 16-18 Commerce Street, Auckland, known as "Stadium Bar"

BETWEEN ADRIAN JOHN WILSON

(Police Officer of Auckland)

Applicant

AND IBIZA LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Dr J Horn
Mr P M McHaffie

DECISION

We have before us an application by Constable A J Wilson of Auckland Police dated 14 May 2010, for suspension of an on-licence.

The ground for the application is that that the premises have been conducted in breach of the provisions of the following sections of the Act:

(i) Section 25 – requirement to display signs and licence; and
(ii) Section 128 – temporary manager appointment; and
(iii) Section 165 – unauthorised sale or supply; and
(iv) Section 172A – licensee’s offences in respect of a manager in that no certificated manager was present in terms of s.115 and no appointment had been notified in terms of s.130; and

failure to comply with the condition of the on-licence in relation to the provision and availability of food.

These breaches were made apparent during a routine visit to the premises as part of an inquiry following application for renewal of the on-licence. No copy of the licence was on display nor was there a notice advising the hours of business as required by s.25 of the Act.

The person who identified himself as the duty manager had not been appointed in accordance with s.130 of the Act, he was not the holder of a manager’s certificate and his name was not correctly displayed as required by s.115(3) of the Act.

The respondent does not dispute the ground for the application and has agreed to suspension of the on-licence. Accordingly, we make the following order by consent:

On-licence number 007/ON/208/2009, issued to Ibiza Limited, is suspended for 24 hours on Sunday 9 October 2010 and for 24 hours on Sunday 16 October 2010.

DATED at WELLINGTON this 3rd day of September 2010

______________________
B M Holmes
Secretary

Stadium Bar.doc(ab)