Ngatai v Poverty Bay Bowling Club [2012] NZLLA 677 (18 June 2012)

Last Updated: 17 July 2012

[2012] NZLLA 677-678

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 club licence number 027/CL/7/2000 issued to POVERTY BAY BOWLING CLUB INCORPORATED in respect of premises situated at 111 Ormond Road, Gisborne, known as "Poverty Bay Bowling Club"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of Club Manager’s Certificate number 027/CM/44/2007 issued to PETER JOSEPH WALTERS

BETWEEN ISAAC HOANI NGATAI

(Police Officer of Gisborne)

Applicant

AND POVERTY BAY BOWLING CLUB INCORPORATED

First respondent

AND PETER JOSEPH WALTERS

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Ms J D Moorhead

DECISION

We have before us applications by Sergeant I H Ngatai of Gisborne Police dated 31 May 2012, for suspension of a club licence and a Club Manager’s Certificate following a controlled purchase operation conducted on Saturday 28 April 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 club licence and manager’s certificate. Accordingly, we make the following orders by consent:

(a) Club licence number 027/CL/7/2000, issued to Poverty Bay Bowling Club Incorporated, is suspended for 24 hours from 7.30 am on Saturday 7 July 2012.

(b) Club Manager’s Certificate number 027/CM/44/2007, issued to Peter Joseph Walters, is suspended for four weeks from Monday 2 July 2012.

DATED at WELLINGTON this 18TH day of June 2012

B M Holmes
Secretary

Poverty Bay BC & Peter Walters.doc(ab)