Dalziell-Kernohan v Cubbyhole [2011] NZLLA 663 (12 July 2011)

Last Updated: 23 August 2011

[2011] NZLLA 663

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 015/ON/04/04 issued to ROSE ENTERPRISES LIMITED in respect of premises situated at 195 Victoria Street, Hamilton, known as "Cubbyhole"

BETWEEN JAMES ROBIN DALZIELL-KERNOHAN

(Police Officer of Hamilton)

Applicant

AND ROSE ENTERPRISES LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Ms J D Moorhead

DECISION

We have before us an application by Sergeant J R Dalziell-Kernohan of Hamilton Police dated 24 May 2011, for suspension of an on-licence following a controlled purchase operation on Saturday 14 May 2011.

The ground for the application is 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.

The respondent does not dispute the ground for the application and has agreed to suspension of the on-licence. Accordingly, we make the following order by consent:

On-licence number 015/ON/04/04, issued to Rose Enterprises Limited, is suspended for 24 hours from 11.00 am on Saturday 13 August 2011.

DATED at WELLINGTON this 12th day of July 2011

B M Holmes
Secretary

Cubbyhole.doc(ab)