Waite and Dyssell v Liquor Town [2010] NZLLA 103 (17 February 2010)

Last Updated: 26 July 2010

Decision No.103/2010-104/2010

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 005/OFF/13/2009 issued to CND INVESTMENT LIMITED in respect of premises situated at Unit 2, 225 State Highway 17, Albany, North Shore City, known as "Liquor Town"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/007/885/06 issued to DA LIU

BETWEEN MARK WAITE

(Police Officer of North Shore)

AND ETIENNE DYSSEL

(North Shore District Licensing Agency Inspector)

Applicants

AND CND INVESTMENT LIMITED

First respondent

AND DA LIU

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, dated 6 January 2010, for suspension of an off-licence and a General Manager’s Certificate. The applications stem from a controlled purchase operation conducted on Thursday 10 December 2009.

The grounds for the applications are: that the premises have been conducted in breach 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 have agreed to suspension of the off-licence and manager’s certificate. Accordingly, we make the following orders by consent:

(a) Off-licence number 005/OFF/13/2009, issued to CND Investment Limited, is suspended for 24 hours 7.00 am on Thursday 25 March 2010.

(b) General Manager’s Certificate number GM/007/885/06, issued to Da Liu, is suspended for one week from Monday 29 March 2010.

DATED at WELLINGTON this 17thday of February 2010

______________________
K Thompson
Secretary

Liquor Town & Da Liu.doc(ab)