Clement v Paparoa Hotel [2012] NZLLA 1031 (19 September 2012)

Last Updated: 28 September 2012

[2012] NZLLA 1031-1032

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 003/OFF/8/2010 issued to G AND H ENTERPRISES LIMITED in respect of premises situated at 2039 Paparoa Valley Road, Paparoa, known as "Paparoa Hotel"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM 003/43/2011 issued to GARY BRIAN ELMBRANCH

BETWEEN HOWARD PHILIP CLEMENT

(Police Officer of Whangarei)

Applicant

AND G AND H ENTERPRISES LIMITED

First respondent

AND GARY BRIAN ELMBRANCH

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us applications by Sergeant H P Clement of Whangarei Police dated 24 July 2012, for suspension of an off-licence and a General Manager’s Certificate following a controlled purchase operation conducted on Friday 6 July 2012.

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 minor; and that the conduct of the manager is such to show that he is not a suitable person to hold a certificate and that he failed to conduct the premises in a proper manner.

The respondents do not dispute the grounds for the applications and have agreed to suspension of the off-licence and manager’s certificate. Accordingly, we make the following orders by consent:

[a] Off-licence number 003/OFF/8/2010, issued to G and H Enterprises Limited, is suspended for three days from 7.00 am on Wednesday 31 October 2012 until 7.00 am on Saturday 3 November 2012.

[b] General Manager’s Certificate number GM 003/43/2011, issued to Gary Brian Elmbranch, is suspended for four weeks from 1 November 2012

DATED at WELLINGTON this 19th day of September2012

B M Holmes
Secretary

Paparoa Hotel & Elmbranch.doc(bh)