Harris v Barluca Pizza Kitchen & Club [2012] NZLLA 1210 (31 October 2012)

New Zealand Liquor Licensing Authority

[Index] [Search] [Download] [Help]

---

Harris v Barluca Pizza Kitchen & Club [2012] NZLLA 1210 (31 October 2012)

Last Updated: 13 November 2012

[2012] NZLLA 1210-1213

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 on-licence number 073/ON/174/2009 issued to INVERCARGILL LICENSING TRUST in respect of premises situated at 61 Dee Street, Invercargill, known as "Barluca Pizza Kitchen & Club"; and off-licence number 073/OFF/9006/2006 issued to INVERCARGILL LICENSING TRUST in respect of premises situated at 12 Bamborough Street, Invercargill, known as "East End Bottle Store"

AND

IN THE MATTER of applications pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/060/1151/2007 issued to NICOLE MAREE MACLELLAN; and General Manager’s Certificate number 051/GM/07/05 issued to GARTH SIMPSON

BETWEEN ARTHUR JOHN HARRIS

(Police Officer of Invercargill)

Applicant

AND INVERCARGILL LICENSING TRUST

First respondent

AND NICOLE MAREE MACLELLAN

GARTH SIMPSON

Second respondents

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Mr R S Miller

DECISION

We have before us applications by Sergeant A J Harris of Invercargill Police dated 23 October 2012, for suspension of an on and an off-licence and two General Managers’ Certificates following a controlled purchase operation conducted on Friday 21 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) On-licence number 073/ON/174/2009, issued to Invercargill Licensing Trust, is suspended for 24 hours from 9.00 am on Friday 21 December 2012.

(b) Off-licence number 073/OFF/9006/2006, issued to Invercargill Licensing Trust, is suspended for 24 hours from 8.00 am on Friday 4 January 2013.

(c) General Manager’s Certificate number GM/060/1151/2007, issued to Nicole Maree MacLellan, is suspended for four weeks from 2 January 2013.

(d) General Manager’s Certificate number 051/GM/07/05, issued to Garth Simpson, is suspended for four weeks from 2 January 2013.

DATED at WELLINGTON this 31ST day of October 2012

B M Holmes
Secretary

Barluca & Ors.doc(ab)