Fitzsimons v De Ville [2011] NZLLA 1505 (20 December 2011)

Last Updated: 9 January 2012

[2011] NZLLA 1505-1508

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/219/07 issued to GEOFF & GAIL MCLEAN LIMITED in respect of premises situated at 22 New Street, Nelson, known as "de Ville"; and on-licence number 050/ON/280/2010 issued to THE FREE HOUSE LIMITED in respect of premises situated at 95 Collingwood Street, Nelson, known as "The Free House"

AND

IN THE MATTER of applications pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 050/GM/1025/08 issued to GEOFFREY REGINALD MCLEAN; and General Manager’s Certificate number 050/GM/1272/10 issued to RHYS JAMES CLARKE

BETWEEN MICHAEL PATRICK FITZSIMONS

(Police Officer of Nelson)

Applicant

AND GEOFF & GAIL MCLEAN LIMITED

THE FREE HOUSE LIMITED

First respondents

AND GEOFFREY REGINALD MCLEAN

RHYS JAMES CLARKE

Second respondents

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Mr P M McHaffie

DECISION

We have before us applications by Sergeant M P Fitzsimons of Nelson Police dated 30 November 2011, for suspension of on-licences and General Managers’ Certificates following a controlled purchase operation conducted on Friday 25 November 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 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/219/07, issued to Geoff & Gail McLean Limited, is suspended for 24 hours from 7.00 am on Friday 20 January 2012.

(b) On-licence number 050/ON/280/2010, issued to The Free House Limited, is suspended for 24 hours from 7.00 am on Friday 20 January 2012

(c) General Manager’s Certificate number 050/GM/1025/08, issued to Geoffrey Reginald McLean, is suspended for three weeks from Monday 23 January 2012.

(d) General Manager’s Certificate number 050/GM/1272/10, issued to Rhys James Clarke, is suspended for three weeks from Monday 23 January 2012.

DATED at WELLINGTON this 20th day of December 2011

M Langworthy
Deputy Secretary

De Ville & Ors.doc(ab)