Fry v General Distributors Limited and Rota [2010] NZLLA 60 (5 February 2010)

Last Updated: 13 March 2010

Decision No.60-61/2010

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 007/OFF/017/2007 issued to GENERAL DISTRIBUTORS LIMITED in respect of premises situated at 295 Penrose Road, Mt Wellington, Auckland, known as "Countdown"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/007/1109/03 issued to NOOAPII ROTA

BETWEEN DAVID JOHN FRY

(Police Officer of Greenlane)

Applicant

AND GENERAL DISTRIBUTORS LIMITED

First respondent

AND NOOAPII ROTA

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Dr J Horn
Mr P M McHaffie

DECISION

We have before us applications by Constable D J Fry of Greenlane Police, dated 3 September 2009, for suspension of an off-licence held by General Distributors Limited in respect of premises situated at 295 Penrose Road, Mt Wellington, Auckland, known as “Countdown”, and for suspension of a General Manager’s Certificate held by Nooapii Rota, following a controlled purchase operation conducted on 16 July 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 the age of 18 years; and that the manager has failed to conduct the premises in a proper manner.
The respondents have agreed to suspension of the off-licence and manager’s certificate by consent. Accordingly, we make the following orders:

(a) Off-licence number 007/OFF/017/2007, issued to General Distributors Limited, is suspended for three days from 7.00 am on Tuesday 16 March 2010 until 7.00 am on Friday 19 March 2010.

(b) General Manager’s Certificate number GM/007/1109/03, issued to Nooapii Rota, is suspended for two weeks from Monday 15 March 2010.

DATED at WELLINGTON this 5th day of February 2010

______________________
B M Holmes
Deputy Secretary

Countdown Mt Wellington.doc(ab)