Fraser v Bagnall [2012] NZLLA 1392 (13 December 2012)

Last Updated: 10 January 2013

[2012] NZLLA 1392

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 049/GM/168/2008 issued to JONATHAN PETER BAGNALL

BETWEEN TERRY BRYAN FRASER

(Police Officer of Wellington)

Applicant

AND JONATHAN PETER BAGNALL

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us an application by Sergeant T B Fraser of Wellington Police dated 27 November 2012, for suspension of a General Manager’s Certificate held by Jonathan Peter Bagnall, following a controlled purchase operation conducted on Saturday 10 November 2012.

The ground for the application is that the manager has failed to conduct the licensed premises in a proper manner in that he sold liquor to a person under the age of 18 years in breach of the provisions of s.155 of the Act.

The respondent does not dispute the ground for the application and he has agreed to suspension of his manager’s certificate. Accordingly, we make the following order by consent:

General Manager’s Certificate number 049/GM/168/2008, issued to Jonathan Peter Bagnall, is suspended for 30 days from Monday 21 January 2013.

DATED at WELLINGTON this 13TH day of December 2012

B M Holmes
Secretary Jonathan Bagnall.doc(ab)