Clement v Three Furlongs Hotel [2012] NZLLA 929 (15 August 2012)

Last Updated: 3 September 2012

[2012] NZLLA 929-930

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 off-licence number 003/OFF/8/2009 issued to RBT ENTERPRISES LIMITED in respect of premises situated at 1942 State Highway 1, Kaiwaka, known as "Three Furlongs Hotel"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/003/9/2007 issued to FRANCES VICTORIA TAHITAHI

BETWEEN HOWARD PHILIP CLEMENT

(Police Officer of Whangarei)

Applicant

AND RBT ENTERPRISES LIMITED

First respondent

AND FRANCES VICTORIA TAHITAHI

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us applications by Sergeant H P Clement of Whangarei Police dated 12 July 2012, for suspension of an off-licence and a General Manager’s Certificate following a controlled purchase operation conducted on Friday 6 July 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 off-licence and manager’s certificate. Accordingly, we make the following orders by consent:

(a) Off-licence number 003/OFF/8/2009, issued to RBT Enterprises Limited, is suspended for three days from 7.00 am on Wednesday 12 September 2012 until 7.00 am on Saturday 15 September 2012.

(b) General Manager’s Certificate number GM 003/9/2007, issued to Frances Victoria Tahitahi, is suspended for four weeks from Monday 17 September 2012.

DATED at WELLINGTON this 15th day of August 2012

B M Holmes
Secretary

Three Furlongs Hotel & Frances Tahitahi.doc(ab)