Sargent v The Village Inn [2011] NZLLA 459 (30 May 2011)

Last Updated: 29 June 2011

[2011] NZLLA 459-460

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 045/ON/001/2010 issued to DOUBLE TMAN LIMITED in respect of premises situated at 3-5 Raumati Road, Raumati, known as "The Village Inn"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 045/GM/930/2010 issued to JONATHAN PAUL SAUNDERS

BETWEEN STEPHEN DENNIS SARGENT

(Police Officer of Porirua)

Applicant

AND DOUBLE TMAN LIMITED

First respondent

AND JONATHAN PAUL SAUNDERS

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Dr J Horn
Mr P M McHaffie

DECISION

We have before us applications by Senior Sergeant S D Sargent, of Porirua Police, dated 10 November 2010 for suspension of an on-licence and a General Manager’s Certificate following a controlled purchase operation conducted on Saturday 16 October 2010.

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 minor; that the manager failed to conduct the licensed premises in a proper manner and that the conduct of the manager is such to show that he is not a suitable person to hold a certificate.

The respondents do not dispute the grounds for the applications and have agreed to suspension of the on-licence and manager’s certificate. Accordingly, we make the following order by consent:

[a] On-licence number 045/ON/0001/2010, issued to Double Tman Limited, is suspended for 24 hours from 10.00 am on Saturday 21 May 2011.

[b] General Manager’s Certificate number 045/GM/980/2010, issued to Jonathan Paul Saunders, is suspended for six weeks from Saturday 21 May 2011.

DATED at WELLINGTON this 31ST day of May 2011

M Langworthy
Deputy Secretary

The Village Inn & Saunders.doc(bh)