Fraser v Little Beer Quarter [2012] NZLLA 1390 (13 December 2012)

Last Updated: 10 January 2013

[2012] NZLLA 1390-1391

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 049/ON/189/2012 issued to THREE FLAT WHITES LIMITED in respect of premises situated at 6 Edward Street, Wellington, known as "Little Beer Quarter"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 049/GM/296/2010 issued to KASPER KJELDAGER BRANDT

BETWEEN TERRY BRYAN FRASER

(Police Officer of Wellington)

Applicant

AND THREE FLAT WHITES LIMITED

First respondent

AND KASPER KJELDAGER BRANDT

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Mr D E Major

DECISION

We have before us applications by Sergeant T B Fraser of Wellington Police dated 27 November 2012, for suspension of an on-licence and a General Manager’s Certificate following a controlled purchase operation conducted on Saturday 10 November 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 on-licence and manager’s certificate. Accordingly, we make the following orders by consent:

(a) On-licence number 049/ON/189/2012, issued to Three Flat Whites Limited, is suspended for 24 hours from 7.00 am on Saturday 19 January 2013.

(b) General Manager’s Certificate number 049/GM/296/2010, issued to Kasper Kjeldager Brandt, is suspended for 30 days from Monday 21 January 2013.

DATED at WELLINGTON this 13TH day of December 2012

B M Holmes
Secretary

Little Beer Quarter & Kasper Brandt.doc(ab)