Humphrey v The Big Chill [2011] NZLLA 7 (13 January 2011)

Last Updated: 28 January 2011

[2010] NZLLA 0007-0008

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 048/ON/0010/2010 issued to SHARJEET FIJI LIMITED in respect of premises situated at 180 High Street, Lower Hutt, known as "The Big Chill"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 048/GM/602/2004 issued to ASHLEY RICHARD THOMSON

BETWEEN KERRIN ELAINE HUMPHREY

(Police Officer of Lower Hutt)

Applicant

AND SHARJEET FIJI LIMITED

First respondent

AND ASHLEY RICHARD THOMSON

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Members: Dr J Horn
Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us applications by Constable K E Humphrey of Lower Hutt Police dated 1 October 2010, for suspension of an on-licence and a General Manager’s Certificate following a controlled purchase operation conducted on Friday 10 September 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 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. Accordingly, we make the following orders by consent:

(a) On-licence number 048/ON/0010/2010, issued to Sharjeet Fiji Limited, is suspended for 24 hours from 8.00 am on Friday 11 February 2011.

(b) General Manager’s Certificate number 048/GM/602/2004, issued to Ashley Richard Thomson, is suspended for 30 days from Monday 7 February 2011.

DATED at WELLINGTON this 13th day of January 2010

______________________
B M Holmes
Secretary

The Big Chill & Thomson.doc(ab)