Marsh v Urban Turban [2012] NZLLA 545 (23 May 2012)

Last Updated: 2 July 2012

[2012] NZLLA 545-546

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 007/ON/9578/2011 issued to URBAN TURBAN NEW ZEALAND LIMITED in respect of premises situated at Units W2.3 and W2.4 North Wharf, 39-47 Jellicoe Street, Auckland, known as "Urban Turban"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/007/438/06 issued to GLEN ROBERT GIROUX

BETWEEN ANITA LEE MARSH

(Auckland District Licensing Agency Inspector)

Applicant

AND URBAN TURBAN NEW ZEALAND LIMITED

First respondent

AND GLEN ROBERT GIROUX

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us applications by Ms A L Marsh, Auckland District Licensing Agency Inspector dated 16 January 2012, for suspension of an on-licence and a General Manager’s Certificate.

The grounds for the applications are: that the premises have been conducted in breach of the provisions of ss.165 and 172A of the Act – unauthorised sale or supply of liquor and licensee’s failure in respect of a manager; and that the manager has failed to conduct the licensed premises in a proper manner.

During a compliance check carried out in “Urban Turban” on Saturday 14 January 2012 it was established that the premises were open and selling and supplying liquor at a time when there was no certificated manager in the premises as required by s.115 of the Act.

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 007/ON/9578/2011, issued to Urban Turban New Zealand Limited, is suspended for 24 hours from 7.00 am on Monday 11 June 2012.

(b) General Manager’s Certificate number GM/007/438/06, issued to Glen Robert Giroux, is suspended for two weeks from 1 June 2012.

DATED at WELLINGTON this 23rd day of May 2012

B M Holmes
Secretary

Urban Turban & Glen Giroux.doc(ab)