McNally v McPherson [2012] NZLLA 1079 (4 October 2012)

Last Updated: 2 November 2012

[2012] NZLLA 1079

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 032/GM/2773/2007 issued to KIERAN CLYDE MCPHERSON

BETWEEN SHANE ROBERT MCNALLY

(Police Officer of Taupo)

Applicant

AND KIERAN CLYDE MCPHERSON

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Members: Mr D E Major
Mr R S Miller

DECISION

We have before us an application by Sergeant S R McNally of Taupo Police dated 26 September 2012, for suspension of a General Manager’s Certificate held by Kieran Clyde McPherson, following a controlled purchase operation conducted on Friday 31 August 2012.

The ground for the application is that the manager has failed to conduct the licensed premises in a proper manner in that he sold liquor to a person under the age of 18 years in breach of the provisions of s.155 of the Act.

The respondent does not dispute the ground for the application and he has agreed to suspension of his manager’s certificate. Accordingly, we make the following order by consent:

General Manager’s Certificate number 032/GM/2773/2007, issued to Kieran Clyde McPherson, is suspended for five weeks from Wednesday 17 October 2012.

DATED at WELLINGTON this 4th day of October 2012

B M Holmes
Secretary Kieran McPherson.doc(ab)