Russell v PP Group Limited [2008] NZLLA 1404 (2 October 2008)

New Zealand Liquor Licensing Authority

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Russell v PP Group Limited [2008] NZLLA 1404 (2 October 2008)

Last Updated: 9 February 2010

Decision No. 1404/2008

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
062/OFF/6/05 issued to PP
GROUP LIMITED in respect of
premises situated at 2 Bridge
Street, Ashburton, known as
“Netherby Four Square”

BETWEEN GRANT JOHN RUSSELL
(Police Officer of Ashburton)

Applicant

AND PP GROUP LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

The Authority has received an application by Senior Sergeant G J Russell of Ashburton Police for suspension of an off-licence in respect of grocery premises known as “Netherby Four Square”.

The ground for the application is that the licensed premises have been conducted in breach of s.155 of the Act, by the sale or supply of liquor to a minor.

More particularly it is alleged that on Friday 6 June 2008, a controlled purchase operation was undertaken in the Ashburton area. Pursuant to s.162(5) of the Act, at the request of Police a 17 year old female volunteer entered licensed premises and attempted to purchase liquor.

The volunteer entered “Netherby Four Square” at approximately 9.43 pm and was able to purchase a bottle of “Passion Pop” sparkling wine from salesperson Pamela Ritchie.

Ms Ritchie terminated her employment within the week following the sale and we are advised that she has subsequently left New Zealand.

In the course of preparing this application, Senior Sergeant Russell was notified that the “Netherby Four Square” had been sold and that the business was to be handed over on Monday 15 September. In light of this, the applicant expedited the application process and came to an agreement with the respondent that a suspension period of five days would be served before the new owners took over the premises.

We have now received confirmation from the applicant that the “Netherby Four Square” was checked for compliance on a number of occasions during the agreed period and that the suspension was served without incident.

Accordingly, having considered the recommendations from the applicant we ratify the following order:

(a) Off-licence number 062/OFF/6/05, issued to PP Group Limited, was suspended for five days from 6.00 am on Friday 5 September 2008.

DATED at WELLINGTON this 2nd day of October 2008

______________
S Cunningham
Secretary