Wilson v Devo [2012] NZLLA 13 (10 January 2012)

Last Updated: 25 January 2012

[2012] NZLLA 013-014

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 007/ON/424/2010 issued to DEVO NIGHT CLUB LIMITED in respect of premises situated at 17 Albert Street, Auckland, known as "Devo"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/007/9016/11 issued to NGAIORE RIMA TAKATAINGA

BETWEEN ADRIAN JOHN WILSON

(Police Officer of Auckland)

Applicant

AND DEVO NIGHT CLUB LIMITED

First respondent

AND NGAIORE RIMA TAKATAINGA

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Dr J Horn
Ms J D Moorhead

DECISION

We have before us applications by Constable A J Wilson of Auckland Police dated 6 July 2011, for suspension of an on-licence and a General Manager’s Certificate.

The grounds for the applications are: that the premises have been conducted in breach of the provisions of s.168 of the Act – allowing drunkenness or disorderly behaviour on licensed premises; and that the conduct of the manager has been such as to show that she is not a suitable person to hold the certificate.

On Saturday 25 June 2011 the Police conducted a routine compliance visit in licensed premises known as “Devo”. The Police located two female patrons in the premises who were assessed as being demonstrably intoxicated.

Additionally, a District Licensing Agency Inspector who had accompanied the Police found that there were only four bottles of low alcohol beverage in the premises and they were past their sell by date.

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

(a) On-licence number 007/ON/424/2010, issued to Devo Night Club Limited, is suspended for four days from 7.00 am on Saturday 11 February 2012 until 7.00 am on Wednesday 15 February 2012.

(b) General Manager’s Certificate number GM/007/9016/11, issued to Ngaiore Rima Takatainga, is suspended for two weeks from Monday 13 February 2012.

DATED at WELLINGTON this 10th day of January 2012

B M Holmes
Secretary

Devo & Ngaiore Takatainga.doc(ab)