Ngatai v Gisborne Thistle Association Football Club [2012] NZLLA 782 (13 July 2012)

Last Updated: 29 January 2013

[2012] NZLLA 782-783

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/04/2010 issued to GISBORNE THISTLE ASSOCIATION FOOTBALL CLUB INCORPORATED in respect of premises situated at 110 Roebuck Road, Gisborne, known as "Gisborne Thistle Association Football 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/51/2007 issued to GEOFFREY MARK PEARCE

BETWEEN ISAAC HOANI NGATAI

(Police Officer of Gisborne)

Applicant

AND GISBORNE THISTLE ASSOCIATION FOOTBALL CLUB INCORPORATED

First respondent

AND GEOFFREY MARK PEARCE

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Dr J Horn
Mr P M McHaffie

DECISION

We have before us applications by Sergeant I H Ngatai of Gisborne Police dated 4 July 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/04/2010, issued to Gisborne Thistle Association Football Club Incorporated, is suspended for 24 hours on Saturday 21 July 2012.

(b) Club Manager’s Certificate number 027/CM/51/2007, issued to Geoffrey Mark Pearce, is suspended for four weeks from Saturday 21 July 2012.

DATED at WELLINGTON this 13th day of July 2012

B M Holmes
Secretary

Gisborne Thistle AFC & Geoffrey Pearce.doc(ab)