Stevenson v Te Aute Hotel [2011] NZLLA 578 (23 June 2011)

Last Updated: 3 August 2011

[2011] NZLLA 578-579

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 029/ON/007/2006 issued to SETTLEMENT HOLDINGS LIMITED in respect of premises situated at 2283 State Highway 2, Te Aute, known as "Te Aute Hotel"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 029/GM/081/2006 issued to HELEN MALIA VON KOPPEL

BETWEEN MICHAEL CHARLES STEVENSON

(Police Officer of Hastings)

Applicant

AND SETTLEMENT HOLDINGS LIMITED

First respondent

AND HELEN MALIA VON KOPPEL

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us applications by Sergeant M C Stevenson dated 25 May 2011, for suspension of an on-licence and a General Manager’s Certificate following a controlled purchase operation conducted on Saturday 14 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 on-licence and manager’s certificate. On 18 january 2007 the on-licence was suspended for 24 hours as a result of a similar incident which occurred on 30 November 2006 (NZLLA 39/2007). However, given the relatively lengthy time between the two incidents we are prepared to endorse the settlement. Accordingly, we make the following orders by consent:

(a) On-licence number 029/ON/007/2006, issued to Settlement Holdings Limited, is suspended for 24 hours from 7.00 am on Saturday 30 July 2011.

(b) General Manager’s Certificate number 029/GM/081/2006, issued to Helen Malia von Koppel, is suspended for two weeks from Monday 25 July 2011.

DATED at WELLINGTON this 23rd day of June 2011

B M Holmes
Secretary

Te Aute Hotel & Helen von Koppel.doc(ab)