Newell v Wanaka Minimart Limited [2008] NZLLA 765 (5 June 2008)

New Zealand Liquor Licensing Authority

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Newell v Wanaka Minimart Limited [2008] NZLLA 765 (5 June 2008)

Last Updated: 1 February 2010

Decision No. 765-766/2008

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 068/OFF/22/03 issued to WANAKA MINIMART LIMITED in respect of premises situated at 33 Ardmore Street, Wanaka, known as "Wanaka Minimart"

BETWEEN KEITH PHILIP NEWELL

(Police Officer of Queenstown)

Applicant

AND WANAKA MINIMART LIMITED

Respondent

AND

IN THE MATTER of an application by WANAKA MINIMART LIMITED pursuant to s.41 of the Act for renewal of an off-licence in respect of premises situated at 33 Ardmore Street, Wanaka, known as "Wanaka Minimart"

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Dr J Horn

DECISION

We have before us an application by Sergeant K P Newell of Queenstown Police for suspension of an off-licence held by Wanaka Minimart Limited in respect of premises situated at 33 Ardmore Street, Wanaka, known as “Wanaka Minimart”.

We are also asked to determine an application for renewal of the licence. The Police have opposed that application pending the outcome of the suspension proceedings.

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

More particularly it is alleged that on Friday 28 Sptember 2007 a female volunteer, at the time aged 17 years and nine months, was requested by the Police, pursuant to s.162(5) of the Act, to enter licensed premises and attempt to purchase liquor. The volunteer was able to buy a 6-pack of Speights beer without being asked her age, and without being required to provide any form of identification.

The respondent does not dispute the grounds for the suspension application and it is acknowledged that suspension of the off-licence is appropriate.

A settlement has been reached between the parties whereby a recommended period of suspension of the off-licence be imposed by the Authority without any requirement for appearance at a public hearing. Accordingly the off-licence will be renewed.

Having considered the recommendation from Sergeant Newell we make the following order:

Off-licence number 068/OFF/22/03, issued to Wanaka Minimart Limited, is suspended for three days from 8.00 am on Wednesday 9 July 2008 until 8.00 am on Saturday 12 July 2008.

We are satisfied as to the matters to which we must have regard as set out in s.45 of the Act. We renew the licence on the existing terms and conditions until 16 December 2010, that being the anniversary date of the licence and three years from the most recent date of expiry, and we authorise the issue of a notice of renewal.

DATED at WELLINGTON this 5th day of June 2008

______________________
B M Holmes
Deputy Secretary

Wanaka Minimart.doc(ab)