Loye v Mt Eden Superette [2010] NZLLA 1188 (21 October 2010)

Last Updated: 5 November 2010

[2010] NZLLA 1188-1189

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 007/OFF/150/2008 issued to M S & S K BATTH LIMITED in respect of premises situated at 395 Mount Eden Road, Mount Eden, Auckland, known as "Mt Eden Superette"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/007/1376/02 issued to RAMANPREET KAUR BATTH

BETWEEN JASON PETER LOYE

(Police Officer of Avondale)

Applicant

AND M S & S K BATTH LIMITED

First respondent

AND RAMANPREET KAUR BATTH

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us applications by Sergeant J P Loye of Avondale Police dated 15 December 2009, for suspension of an off-licence and a General Manager’s Certificate following a controlled purchase operation conducted on Friday 11 December 2009.

The grounds for the applications are: that the premises have been conducted in breach of the provisions 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 do not dispute the grounds for the applications and they have agreed to suspension of the off-licence and manager’s certificate. Accordingly, we make the following orders by consent:

(a) Off-licence number 007/OFF/150/2008, issued to M S & S K Batth Limited, is suspended for seven days from 10.00 am on Monday 22 November 2010 until 10.00 am on Monday 29 November 2010.

(b) General Manager’s Certificate number GM/007/1376/02, issued to Ramanpreet Kaur Batth, is suspended for four weeks from Monday 22 November 2010.

DATED at WELLINGTON this 21ST day of October 2010

______________________
B M Holmes
Secretary

Mt Eden Superette & R Batth.doc(ab)