Sargent v Porirua Pak n Save [2010] NZLLA 773 (20 July 2010)

Last Updated: 27 July 2010

[2010] NZLLA 773

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/0003/06 issued to PORIRUA SUPERMARKET 1997 LIMITED in respect of premises situated at 12-14 Parumoana Street, Porirua City, known as "Porirua Pak & Save"

BETWEEN STEPHEN DENNIS SARGENT

(Police Officer of Porirua)

Applicant

AND PORIRUA SUPERMARKET 1997 LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Members: Dr J Horn
Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us an application by Senior Sergeant S D Sargent of Porirua Police, dated 22 December 2009, for suspension of an off-licence, following a controlled purchase operation on 5 December 2009.

The ground for the application is that the licensed premises have been conducted in breach of s.155(1) of the Act and the conditions of the licence. In particular, on Saturday 5 December 2009 a volunteer, aged 14 years at the time, was able to purchase a four-pack of “Monteiths Apple Cider” from the premises.

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

Off-licence number 046/OFF/0006/07, issued to Porirua Supermarket 1997 Limited, is suspended for 48 hours from 6.00 am on Saturday 24 July 2010 until 6.00 am on Monday 26 July 2010.

DATED at WELLINGTON this 20TH day of July 2010

______________________
B M Holmes
Secretary

Porirua Pak & Save.doc (OS)