Ryan v New World Aokautere [2012] NZLLA 1307 (3 December 2012)

Last Updated: 12 December 2012

[2012] NZLLA 1307-1308

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 off-licence number 039/OFF/8/2008 issued to LOCKYER HOLDINGS (2007) LIMITED in respect of premises situated at 194-200 Ruapehu Drive, Palmerston North, known as "New World Aokautere"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM 5747/99 issued to BRADEN SCOTT LOCKYER

BETWEEN GLENN FRANCIS RYAN

(Police Officer of Palmerston North)

Applicant

AND LOCKYER HOLDINGS (2007) LIMITED

First respondent

AND BRADEN SCOTT LOCKYER

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Members: Ms J D Moorhead
Mr R S Miller

DECISION

We have before us applications by Sergeant G F Ryan of Palmerston North Police dated 7 November 2012, for suspension of an off-licence and a General Manager’s Certificate following a controlled purchase operation conducted on Friday 5 October 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 manager has 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 off-licence and manager’s certificate. Accordingly, we make the following orders by consent:

(a) Off-licence number 039/OFF/8/2008, issued to Lockyer Holdings (2007) Limited, is suspended for 48 hours from 7.00 am on Thursday 10 January 2013 until 7.00 am on Saturday 12 January 2013.

(b) General Manager’s Certificate number GM 5747/99, issued to Braden Scott Lockyer, is suspended for four weeks from Monday 14 January 2013.

DATED at WELLINGTON this 3rd day ofv December 2012

B M Holmes
Secretary

New World Aokautere & Braden Lockyer.doc(ab)