Ngatai v Green Frog [2012] NZLLA 679 (18 June 2012)

Last Updated: 18 July 2012

[2012] NZLLA 679-680

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/ON/12/2008 issued to SIX PACK BAR LIMITED in respect of premises situated at 59-61 Peel Street, Gisborne, known as "Green Frog"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 027/GM/327/2007 issued to KELSI LOUISA HOLLIS

BETWEEN ISAAC HOANI NGATAI

(Police Officer of Gisborne)

Applicant

AND SIX PACK BAR LIMITED

First respondent

AND KELSI LOUISA HOLLIS

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 25 May 2012 and 1 June 2012 respectively, for suspension of an on-licence and a General Manager’s Certificate following a controlled purchase operation conducted on Friday 30 March 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 on-licence and manager’s certificate. Accordingly, we make the following orders by consent:

(a) On-licence number 027/ON/12/2008, issued to Six Pack Bar Limited, is suspended for 24 hours from 10.00 am on Friday 29 June 2012.

(b) General Manager’s Certificate number 027/GM/327/2007, issued to Kelsi Louisa Hollis, is suspended for four weeks from Sunday 1 July 2012.

DATED at WELLINGTON this 18th day of June 2012

B M Holmes
Secretary

Green Frog & Kelsi Hollis.doc(ab)