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Joy v Whatever Restaurant & Bar [2012] NZLLA 229 (8 March 2012)

Last Updated: 20 March 2012

[2012] NZLLA 229-230

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 057/ON/99/2011 issued to WHATEVER INVESTMENTS LIMITED in respect of premises situated at 7/7 Conical Hill Road, Hanmer Springs, known as "Whatever Restaurant & Bar"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/057/1030/2011 issued to STEPHEN HUTCHBY

BETWEEN STEPHEN JOHN JOY

(Police Officer of Christchurch)

Applicant

AND WHATEVER INVESTMENTS LIMITED

First respondent

AND STEPHEN HUTCHBY

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Dr J Horn

DECISION

We have before us applications by Constable S J Joy of Christchurch Police dated 1 February 2012, for suspension of an on-licence and a General Manager’s Certificate following a controlled purchase operation conducted on Thursday 19 January 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 -licence and manager’s certificate. Accordingly, we make the following orders by consent:


(a) On-licence number 057/ON/99/2011, issued to Whatever Investments Limited, is suspended for three days days from 7.00 am on Tuesday 5 June 2012 until 7.00 am on Friday 8 June 2012.

(b) General Manager’s Certificate number GM/057/1030/2011, issued to Stephen Hutchby, is suspended for 30 days from Tuesday 5 June 2012.

DATED at WELLINGTON this 8th day of March 2012

B M Holmes
Secretary

Whatever Restaurant & Stephen Hutchby.doc(ab)


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