Harvey v Grantley's Liquor Merchant [2012] NZLLA 1111 (9 October 2012)

Last Updated: 5 November 2012

[2012] NZLLA 1111-1114

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications pursuant to s.132 of the Act for suspension of off-licence number 020/OFF/83/2007 issued to GL MERCHANTS LIMITED in respect of premises situated at 126 Ruapehu Street, Taupo, known as "Grantley’s Liquor Merchants"; and on-licence number 020/ON/0171/2012 issued to JAY & BEE (2006) LIMITED in respect of premises situated at 22-26 Tuwharetoa Street,Taupo, known as "Kazbar"

AND

IN THE MATTER of applications pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 020 GM 1359/2012 issued to SAGE ALEXANDER VINCENT DAVEY; and General Manager’s Certificate number

020 GM 320/2003 issued to ROSEMARY ANNE WHARERAU

BETWEEN HARALAMBOS HARVEY

(Police Officer of Taupo)

Applicant

AND GL MERCHANTS LIMITED

JAY & BEE (2006) LIMITED

First respondents

AND SAGE ALEXANDER VINCENT DAVEY

ROSEMARY ANNE WHARERAU

Second respondents

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 applications by Senior Sergeant H Harvey of Taupo Police dated 28 September 2012, for suspension of an on and an off-licence and two General Managers’ Certificates following a controlled purchase operation conducted on Friday 31 August 2012 and Saturday 1 September 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 person under 18 years of age; and that the managers have 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 licences and managers’ certificates. Accordingly, we make the following orders by consent:

(a) Off-licence number 020/OFF/83/2007, issued to GL Merchants Limited, is suspended for 24 hours from 8.00 am on Saturday 27 October 2012.

(b) On-licence number 020/ON/0171/2012, issued to Jay & Bee (2006) Limited, is suspended for 24 hours from 7.00 am on Friday 2 November 2012.

(c) General Manager’s Certificate number 020 GM 1359/2012, issued to Sage Alexander Vincent Davey, is suspended for four weeks from Saturday 27 October 2012.

(d) General Manager’s Certificate number 020 GM 320/2003, issued to Rosemary Anne Wharerau, is suspended for four weeks from Friday 2 November 2012.

DATED at WELLINGTON this 9th day of October 2012

B M Holmes
Secretary

Grantley’s Liquor Merchants & Ors.doc(ab)