Whittle v J The Club [2011] NZLLA 285 (7 April 2011)

Last Updated: 3 May 2011

[2011] NZLLA 285

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/424/2010 issued to DEVO NIGHT CLUB LIMITED in respect of premises situated at 17 Albert Street, Auckland, known as "J The Club"

BETWEEN GARY SELWYN WHITTLE

(Auckland Police Liquor Licensing Administrator)

Applicant

AND DEVO NIGHT CLUB LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us an application by Mr G S Whittle, Auckland Police Liquor Licensing Administrator dated 26 January 2011, 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 165 – unauthorised sale or supply; and
(ii) Section 172A – licensee’s offences in respect of a manager.

On Thursday 20 January 2011 at about 4.30 am the Police visited the licensed premises known as “J The Club”. The nominated duty manager was Thomas Kea.

On 24 January 2011 the Police became aware that Mr Kea was not a certificated manager, his application for a manager’s certificate having been filed with the District Licensing Agency that day. His previous certificate had expired on 12 January 2011. Further inquiries revealed that Mr kea had never been appointed as a manager of “J The Club” as required by s.130 of the Act. As a consequence any liquor sales made during his presence in that capacity would have been unlawful.

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/424/2010, issued to Devo Night Club Limited, is suspended for 24 hours from 7.00 am on Wednesday 4 May 2011 and for 24 hours from 7.00 am on 11 May 2011.

DATED at WELLINGTON this 7TH day of April 2011

B M Holmes
Secretary

J The Club.doc(ab)