Paterson v Queens Liquor [2010] NZLLA 1171 (20 October 2010)

Last Updated: 5 November 2010

[2010] NZLLA 1171-1172

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 004/OFF/008/09 issued to HEER HOLDINGS LIMITED in respect of premises situated at Unit 2B, 15 Karepiro Drive, Stanmore Bay, Whangaparaoa, known as "Queens Liquor"

BETWEEN NICOLA ROBYN PATERSON

(Police Officer of Orewa)

Applicant

AND HEER HOLDINGS LIMITED

Respondent

AND

IN THE MATTER of an application by HEER HOLDINGS LIMITED pursuant to s.41 of the Act for renewal of an off-licence in respect of premises situated at Unit 2B, 15 Karepiro Drive, Stanmore Bay, Whangaparaoa, known as "Queens Liquor"

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us an application by Constable N R Paterson of Orewa Police dated 17 June 2010, for suspension of an off-licence held by Heer Holdings Limited in respect of premises situated at Unit 2B, 15 Karepiro Drive, Stanmore Bay, Whangaparaoa, known as “Queens Liquor” following a controlled purchase operation conducted on Thursday 10 June 2010.

We are also asked to determine an application for renewal of the licence.

The ground for the suspension application is that that the premises have been conducted in breach of the provisions of s.155 of the Act. The Police have recommended a shortened term of renewal of the licence on the basis of the grounds outlined in the suspension application.

The respondent has agreed to suspension of the off-licence. It has also agreed to accept a shortened period of renewal of the licence. Accordingly, we make the following order by consent:

Off-licence number 004/OFF/008/09, issued to Heer Holdings Limited, is suspended for 24 hours from 9.00 am on Wednesday 24 November 2010.

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 12 February 2012, that being 18 months from the first anniversary of the licence, and we authorise the issue of a notice of renewal.

DATED at WELLINGTON this 20TH day of October 2010

______________________
B M Holmes
Secretary

Queens Liquor.doc(ab)