Jones v Springfield Hotel Holdings Limited [2007] NZLLA 1361 (20 December 2007)

Last Updated: 29 January 2012

Decision No. 1361/2007

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 059/OFF/98/2005 issued to SPRINGFIELD HOTEL HOLDINGS LIMITED in respect of premises situated at State Highway 73, Springfield, known as "Springfield Hotel"

BETWEEN CHRISTOPHER KEITH HENRY JONES
(Police Officer of Selwyn)

Applicant

AND SPRINGFIELD HOTEL HOLDINGS LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr P M McHaffie

DECISION

We have before us an application by Constable C K H Jones of Selwyn Police for suspension of an off-licence following a controlled purchase operation conducted in the Selwyn licensing district in August this year.

The ground for the application is that the licensed premises have been conducted in breach of the provisions of s.155 of the Act; i.e. sale of liquor to a person under the age of 18 years.

More particularly it is alleged that on Friday 17 August 2007 a female volunteer aged 17 years was requested by the Police to enter the “Springfield Hotel” and attempt to purchase liquor. The volunteer was sold liquor without being challenged as to her age and without being required to produce any form of identification.

The respondent does not dispute the ground for the application. An agreement has been reached whereby the licensee will accept imposition of a period of suspension of the licence without the requirement to attend a public hearing to determine the application.

Having considered the recommendation from the Police, we deal with the matter on the papers, and we make the following orders:

Off-licence number 059/OFF/98/2005, issued to Springfield Hotel Holdings Limited, is suspended for 24 hours from 9.00 am on Friday 18 January 2008.

DATED at WELLINGTON this 20th day of December 2007

______________________
B M Holmes
Deputy Secretary

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