Lally v Kemp Rare Wines [2012] NZLLA 136 (17 February 2012)

Last Updated: 6 March 2012

[2012] NZLLA 136

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 007/OFF/149/2009 issued to FOUR CORNERS LIMITED (currently trading under temporary authority issued to KEMP-ROBERTS MCCALLUM LIMITED) in respect of premises situated at First Floor, 143 Carlton Gore Road, Newmarket, Auckland, known as "Kemp Rare Wines"

BETWEEN CHRISTOPHER DAVID LALLY

(Police Officer of Auckland)

Applicant

AND KEMP-ROBERTS MCCALLUM LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Dr J Horn
Ms J D Moorhead

DECISION

We have before us an application by Sergeant C D Lally of Auckland Police dated 15 February 2012, for suspension of an off-licence.

The ground for the application is that the premises have been conducted in breach of the provisions of s.172A of the Act – licensee’s offences in respect of a manager.

More specifically the respondent made or facilitated sale of liquor to the public without the presence of a manager on duty in the premises in breach of s.115 of the Act; no person acting in a managerial capacity while in possession of a manager’s certificate in breach of the provisions of s.116 of the Act; and no notification of appointment of a manager having been made in breach of s.130 of the Act.

The respondent does not dispute the ground for the application and has agreed to suspension of the off-licence. Accordingly, we make the following order by consent:

Off-licence number 007/OFF/149/2009, issued to Four Corners Limited (currently trading under temporary authority issued to Kemp-Roberts McCallum Limited), is suspended for three days from 7.00 am on Wednesday 22 February 2012 until 7.00 am on Saturday 25 February 2012.

DATED at WELLINGTON this 17TH day of February 2012

B M Holmes
Secretary

Kemp Rare Wines.doc(ab)