Lewis v Smith [2012] NZLLA 38 (25 January 2012)

Last Updated: 10 February 2012

[2012] NZLLA 038

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/69/2010 issued to EMILY AMBER SMITH

BETWEEN JOHN ROBERTSON LEWIS

(Police Officer of Wellington)

Applicant

AND EMILY AMBER SMITH

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Dr J Horn
Ms J D Moorhead

DECISION

We have before us an application by Sergeant J R Lewis of Wellington Police dated 6 January 2012, for suspension of a General Manager’s Certificate held by Emily Amber Smith.

The ground for the application is that the conduct of the manager has been such as to show that she is not a suitable person to hold the certificate.

Ms Smith sold liquor in her capacity as duty manager in premises located in Newtown, Wellington, known as “Manon”. The business had initially been trading pursuant to temporary authorities but the owner had failed to file an application for a substantive on-licence. The District Licensing Agency was not prepared to grant any further temporary authority rendering any subsequent liquor sales unlawful.

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

General Manager’s Certificate number 049/GM/69/2010, issued to Emily Amber Smith, is suspended for four weeks from Monday 27 February 2012.

DATED at WELLINGTON this 25th day of January 2012

B M Holmes
Secretary

Emily Smith.doc(ab)