Hall and McGrath v Oakura Four Square [2012] NZLLA 955 (23 August 2012)

Last Updated: 5 September 2012

[2012] NZLLA 955-956

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 033/OFF/365/2012 issued to GM (OAKURA) LIMITED in respect of premises situated at 1129 South Road, Oakura, known as "Oakura Four Square"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for cancellation of General Manager’s Certificate number 033/GM/5132/2010 issued to AINSLEE ELIZABETH SHIELS

BETWEEN TONIA ANNE HALL

(New Plymouth District Licensing Agency Inspector)

AND CHERYL JANE MCGRATH

(Police Officer of New Plymouth)

Applicant

AND GM (OAKURA) LIMITED

First respondent

AND AINSLEE ELIZABETH SHIELS

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 filed jointly by Ms T A Hall, New Plymouth District Licensing Agency Inspector, and Senior Constable C J McGrath of New Plymouth Police dated 10 August 2012, for suspension of an off-licence and cancellation of a General Manager’s Certificate following a controlled purchase operation conducted on Sunday 8 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 grounds for the applications are not in dispute and the first respondent has agreed to suspension of the off-licence. The second respondent has recently left “Oakura Four Square” to take up alternative employment outside the liquor industry and she has offered to surrender her manager’s certificate. However, there is no mechanism in the Act for such a course of action. Accordingly, we make the following orders by consent:

(a) Off-licence number 033/OFF/365/2012, issued to GM (Oakura) Limited, is suspended for seven days from Monday 24 September 2012.

(b) General Manager’s Certificate number 033/GM/5132/2010, issued to Ainslee Elizabeth Shiels, is hereby cancelled.

DATED at WELLINGTON this 23rd day of August 2012

B M Holmes
Secretary

Oakura 4 Square & Ainslee Shiels.doc(ab)