Dalziell-Kernohan v Cubbyhole [2011] NZLLA 810 (8 August 2011)

Last Updated: 31 August 2011

[2011] NZLLA 810

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of a rehearing pursuant to s.110(3) of the Act 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

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

In decision [2011] NZLLA 663 dated 12 July 2011, we made an order suspending an on-licence in respect of premises situated at 195 Victoria Street, Hamilton, known as "Cubbyhole" following a breach of s.164 of the Act – allowing a minor to be or to remain in a supervised area. The suspension was to have taken place on Saturday 13 August 2011.

The respondent has advised our Secretary that a function, pre-booked some months ago, is to be held in the premises on that date. The licensee seeks to postpone the suspension to a later date. Sergeant Kernohan does not oppose the request.

In the circumstances we agree to rehear the matter on the papers pursuant to s.110(3) and we grant the application. Accordingly we make the following amended order:

On-licence number 015/ON/04/04, issued to Rose Enterprises Limited, is suspended for 24 hours from 11.00 am on Saturday 27 August 2011.

DATED at WELLINGTON this 8th day of August 2011

B M Holmes
Secretary

Cubbyhole2.doc(ab)