Harris v Browns Celtic Tavern [2011] NZLLA 1305 (11 November 2011)

New Zealand Liquor Licensing Authority

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Harris v Browns Celtic Tavern [2011] NZLLA 1305 (11 November 2011)

Last Updated: 9 December 2011

[2011] NZLLA 1305-1306

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 072/ON/4/2010 issued to BUGLYS LIMITED in respect of premises situated at 38 McCaughan Street, Browns, known as "Browns Celtic Tavern"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM 2009/143 issued to WAYNE GORDON STEWART

BETWEEN ARTHUR JOHN HARRIS

(Police Officer of Invercargill)

Applicant

AND BUGLYS LIMITED

First respondent

AND WAYNE GORDON STEWART

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Ms J D Moorhead

DECISION

We have before us applications by Sergeant A J Harris of Invercargill Police dated 10 October 2011, for suspension of an on-licence and a General Manager’s Certificate following a controlled purchase operation conducted on Tuesday 14 September 2011.

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 on-licence and manager’s certificate. Accordingly, we make the following orders by consent:

(a) On-licence number 072/ON/4/2010, issued to Buglys Limited, is suspended for 24 hours from 7.00 am on Wednesday 7 December 2011.

(b) General Manager’s Certificate number GM 2009/143, issued to Wayne Gordon Stewart, is suspended for one month from Monday 23 January 2012.

DATED at WELLINGTON this 11TH day of November 2011

B M Holmes
Secretary

Celtic Tavern & Wayne Stewart.doc(ab)