Law v Havana Club [2012] NZLLA 153 (23 February 2012)

Last Updated: 6 March 2012

[2012] NZLLA 153-155

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 issued to IBIZA LIMITED in respect of premises situated at 16-18 Commerce Street, Auckland, known as "Havana Club"

BETWEEN BRYCE ROBERT LAW

(Police Officer of Auckland)

Applicant

AND IBIZA LIMITED

First respondent

AND

IN THE MATTER of an application by IBIZA LIMITED pursuant to s.18 of the Act for renewal of an on-licence in respect of premises situated at 16-18 Commerce Street, Auckland, known as “Havana Club”

AND

IN THE MATTER of an application by MARIA-AURORA SOTO-ACEVEDO pursuant to s.123 of the Act for renewal of a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us an application by Sergeant B R Law of Auckland Police dated 17 January 2011, for suspension of an on-licence held by Ibiza Limited in respect of premises situated at 16-18 Commerce Street, Auckland, known as “Havana Club”.

We are also asked to determine applications for renewal of the on-licence and a General Manager’s Certificate held by Maria-Aurora Soto Acevedo. The Police oppose the renewals for the reasons specified in the application for suspension of the on-licence.

The grounds for the enforcement application are: that the premises have been conducted in breach of the provisions of s.172A of the Act – failure by the licensee to appoint a manager in accordance with the provisions of s.130 of the Act, thereby causing a breach of the provisions of s.115 of the Act, which requires that at all times when liquor is being sold to the public a manager must be on duty in the licensed premises.

The respondent does not dispute the grounds for the enforcement application and it has agreed to suspension of the on-licence. Ms Acevedo has agreed to accept a shortened period of renewal of her manager’s certificate. Following acceptance of these terms opposition to renewal of the on-licence is withdrawn. The respondent sought to commence the term of suspension on 1 January 2012, a course of action to which the Police had no opposition, and it is confirmed that the suspension was served as requested. Accordingly, we ratify the following order:

On-licence number 007/ON/208/2009, issued to Ibiza Limited, was suspended for five days from Sunday 1 January 2012.

We are satisfied as to the matters to which we must have regard as set out in s.22 of the Act. We renew the licence on the existing terms and conditions until 29 May 2013, that being three years from the first anniversary of the licence, and we authorise the issue of a notice of renewal.

We are further satisfied as to the matters to which we must have regard in s.126 of the Act and we renew the manager’s certificate for 18 months until 2 August 2012. A notice of renewal is attached to this decision.

DATED at WELLINGTON this 23RD day of February 2012

B M Holmes
Secretary

Havana Club & Acevedo.doc(ab)