Lovatt v Gartner [2011] NZLLA 288 (7 April 2011)

Last Updated: 3 May 2011

[2011] NZLLA 288

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 029/GM/065/2008 issued to STEVEN JOSEPH GARTNER

BETWEEN JOHN HENRY LOVATT

(Hastings District Licensing Agency Inspector)

Applicant

AND STEVEN JOSEPH GARTNER

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 J H Lovatt, Hastings District Licensing Agency Inspector dated 30 November 2010, for suspension of a General Manager’s Certificate held by Steven Joseph Gartner following a controlled purchase operation on Friday 19 November 2010.

The ground for the application is that the manager has failed to conduct the licensed premises in a proper manner in that he sold liquor to a person under the age of 18 years in breach of the provisions of s.155 of the Act.

The respondent does not dispute the ground for the application and he has agreed to suspension of his manager’s certificate. Accordingly, we make the following order by consent:

General Manager’s Certificate number 029/GM/065/2008, issued to Steven Joseph Gartner, is suspended for eight weeks from Monday 9 May 2011.

DATED at WELLINGTON this 7TH day of April 2011

B M Holmes
Secretary Steven Gartner.doc(ab)