Sargent v Mill [2010] NZLLA 701 (1 July 2010)

Last Updated: 2 July 2010

[2010] NZLLA 701-702

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 046/OFF/1084/03 issued to THE MILL LIQUORSAVE LIMITED in respect of premises situated at 13 Kenepuru Drive, Porirua City, known as "The Mill Liquorsave"

BETWEEN STEPHEN DENNIS SARGENT

(Police Officer of Porirua)

Applicant

AND THE MILL LIQUORSAVE LIMITED

Respondent

AND

IN THE MATTER of an application by THE MILL LIQUORSAVE LIMITED pursuant to s.41 of the Act for renewal of an off-licence in respect of premises situated at 13 Kenepuru Drive, Porirua City, known as "The Mill Liquorsave"

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 Senior Sergeant S D Sargent of Porirua Police, dated 17 July 2009, for suspension of an off-licence held by The Mill Liquorsave Ltd in respect of premises situated at 13 Kenepuru Drive, known as “The Mill Liquorsave”, following a controlled purchase operation conducted on 10 July 2009.

We are also asked to determine an application for renewal of the licence, which was initially opposed by the Police. On the basis that the suspension application has been dealt with, the Police have indicated that the concerns they had are satisfied, and they withdraw their opposition.

The respondent has agreed to suspension of the off-licence by consent. Accordingly, we make the following order:

Off-licence number 046/OFF/1084/03, issued to The Mill Liquorsave Limited, is suspended for 24 hours from 8.00 am on Saturday 10 July 2010 until 8.00 am on Sunday 11 July 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 11 July 2012, that being the anniversary date of the licence and three years from the most recent date of expiry and authorise the issue of a notice of renewal.

DATED at WELLINGTON this 1st day of July 2010

______________________
B M Holmes
Secretary

The Mill (Porirua).doc