Young v Liquor Star [2010] NZLLA 1290 (9 November 2010)

Last Updated: 19 November 2010

[2010] NZLLA 1290-1291

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 059/OFF/131/2010 issued to EAST SEA (NZ) LIMITED in respect of premises situated at 19 Gerald Street, Lincoln, known as "Liquor Star"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/059/782/2010 issued to MAXIM VASSILIEVICH VASSILIEV

BETWEEN THOMAS ADRIAN YOUNG

(Police Officer of Christchurch)

Applicant

AND EAST SEA (NZ) LIMITED

First respondent

AND MAXIM VASSILIEVICH VASSILIEV

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us applications by Senior Constable T A Young of Christchurch Police dated 28 July 2010, for suspension of an off-licence and a General Manager’s Certificate following a controlled purchase operation conducted on Saturday 10 July 2010.

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 059/OFF/131/2010, issued to East Sea (NZ) Limited, is suspended for three days from 9.00 am on Saturday 10 January 2011 untl 9.00 am on Tuesday 13 January 2011.

(b) General Manager’s Certificate number GM/059/782/2010, issued to Maxim Vassilievich Vassiliev, is suspended for 30 days from Monday 12 January 2011.

DATED at WELLINGTON this 9th day of November 2010

______________________
B M Holmes
Secretary

Liquor Star & Maxim Vassiliev.doc(ab)