Russell v Eddington [2010] NZLLA 394 (20 April 2010)

Last Updated: 23 April 2010

Decision No.394/2010

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 062/OFF/03/09 issued to LYNETTE NANCY EDDINGTON in respect of premises situated at 35 McMillan Street, Methven, known as "Top Notch Four Square"

BETWEEN GRANT JOHN RUSSELL

(Police Officer of Ashburton)

Applicant

AND LYNETTE NANCY EDDINGTON

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Mr P M McHaffie

DECISION

We have before us an application by Sergeant G J Russell of Ashburton Police, dated 22 February 2010, for suspension of an off-licence, following a controlled purchase operation undertaken on Friday 9 October 2009.

The ground for the application is that the premises have been conducted contrary to the provisions of s.155 of the Act – sale of liquor to a person under the age of 18 years.

The respondent does not dispute the ground for the application and has agreed to suspension of the off-licence. Accordingly, we make the following order by consent:

Off-licence number 062/OFF/03/09, issued to Lynette Nancy Eddington, is suspended for four days from 6.00 am on Friday 28 May 2010 until 6.00 am on Tuesday 1 June 2010.

DATED at WELLINGTON this 20TH day of April 2010

______________________
B M Holmes
Deputy Secretary Top Notch Four Square.doc(ab)