Morris v Strong [2010] NZLLA 873 (18 August 2010)

Last Updated: 27 August 2010

[2010] NZLLA 873-874

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 057/OFF/64/2009 issued to the partnership of NOLA STRONG and ROGER STRONG in respect of premises situated at 1224 Karaka Road, Waikari, known as "Hurunui Village Winery"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/057/44/2000 issued to NOLA ANNE STRONG

BETWEEN DANIEL PIERS MORRIS

(Police Officer of Christchurch)

Applicant

AND NOLA STRONG and ROGER STRONG (trading in partnership)

First respondent

AND NOLA ANNE STRONG

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us applications by Constable D P Morris of Christchurch Police dated 21 July 2010, for suspension of an off-licence and a General Manager’s Certificate, following a controlled purchase operation conducted on 9 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 057/OFF/64/2009, issued to the partnership of Nola Strong and Roger Strong, is suspended for three days from 8.30 am on Wednesday 29 September 2010 to 8.30 am Saturday 2 October 2010.

(b) General Manager’s Certificate number GM/057/44/2000, issued to Nola Anne Strong, is suspended for 30 days from Friday 17 September 2010.

DATED at WELLINGTON this 19TH day of August 2010

______________________
B M Holmes
Secretary

Hurunui Village & Strong.doc(bh)