Dalziell-Kernohan v Diggers Cafe & Bar [2012] NZLLA 115 (13 February 2012)

Last Updated: 6 March 2012

[2012] NZLLA 115-116

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 015/ON/277/08 issued to DIGGERS CAFÉ AND BAR LIMITED in respect of premises situated at 17 Hood Street, Hamilton, known as "Diggers Café & Bar"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 015/GM/1056/08 issued to RENEE JOSEPHINE MICHELS

BETWEEN JAMES ROBIN DALZIELL-KERNOHAN

(Police Officer of Hamilton)

Applicant

AND DIGGER CAFÉ AND BAR LIMITED

First respondent

AND RENEE JOSEPHINE MICHELS

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Dr J Horn

DECISION

We have before us applications by Sergeant J R Dalziell-Kernohan, of Hamilton Police dated 10 January 2011 for suspension of an on-licence and a General Manager’s Certificate following a controlled purchase operation conducted on Saturday 3 December 2011.

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; s.164 of the Act – permitting minors to be in a supervised area; and that the conduct of the manager is such to show that she is not a suitable person to hold a certificate.

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

[a] On-licence number 015/ON/277/08, issued to Diggers Café and Bar Limited, is suspended for 24 hours from 9.00 am on Saturday 17 March 2012.

[b] General Manager’s Certificate number 015/GM/1056/08, issued to Renee Josephine Michels, is suspended for three weeks from Monday 12 March 2012.

DATED at WELLINGTON this 13th day of February 2012

______________________
B M Holmes
Secretary

Diggers Café & Bar & Renee Michels.doc(bh)