Smith v Baker [2011] NZLLA 322 (8 April 2011)

Last Updated: 3 May 2011

[2011] NZLLA 322

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 048/GM/0001/10 issued to HELEN MARIA BAKER

BETWEEN ANDREW LEA SMITH

(Police Officer of Lower Hutt)

Applicant

AND HELEN MARIA BAKER

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us an application by Sergeant A L Smith of Lower Hutt Police dated 4 August 2010, for suspension of a General Manager’s Certificate held by Helen Maria Baker, following a controlled purchase operation on Friday 19 March 2010.

The ground for the application is that the manager has failed to conduct the licensed premises in a proper manner in that she was the duty manager when liquor was sold 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 she has agreed to suspension of her manager’s certificate. Accordingly, we make the following order by consent:

General Manager’s Certificate number 048/GM/0001/10, issued to Helen Maria Baker, is suspended for 30 days from Monday 16 May 2011.

DATED at WELLINGTON this 8th day of April 2011

B M Holmes
Secretary

Helen Baker.doc(ab)