McGlone v McGregors Wholesale Liquor [2011] NZLLA 504 (13 June 2011)

New Zealand Liquor Licensing Authority

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McGlone v McGregors Wholesale Liquor [2011] NZLLA 504 (13 June 2011)

Last Updated: 15 July 2011

[2011] NZLLA 504-505

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 off-licence number 022/OFF/17/00 issued to the partnership of SHIRLEY LORRAINE McGREGOR and DESMOND GEORGE McGREGOR in respect of premises situated at 120 Jellicoe Street, Te Puke, known as "McGregors Wholesale Liquor Limited"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 022/GM/6/09 issued to KEVIN IVAN BECKETT

BETWEEN NIGEL PETER McGLONE

(Police Officer of Tauranga)

Applicant

AND SHIRLEY LORRAINE McGREGOR and DESMOND GEORGE McGREGOR (trading in partnership)

First respondent

AND KEVIN IVAN BECKETT

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us applications by Sergeant N McGlone of Tauranga Police dated 30 May 2011, for suspension of an off-licence and a General Manager’s Certificate, following a controlled purchase operation conducted on 20 May 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 manager has 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 off-licence and manager’s certificate. Accordingly, we make the following orders by consent:

(a) Off-licence number 022/OFF/17/00, issued to the partnership of Shirley Lorraine McGregor and Desmond George McGregor, is suspended for two days from 8.00 am on Thursday 23 June 2011 to 8.00 am on Saturday 25 June 2011.

(b) General Manager’s Certificate number 022/GM/6/09, issued to Kevin Ivan Beckett, is suspended for six weeks from Monday 25 July 2011.

DATED at WELLINGTON this 13th day of June 2011

B M Holmes
Secretary

McGregors Wholesale & Beckett.doc (OS)