Smith v General Distributors [2010] NZLLA 95 (17 February 2010)

Last Updated: 26 July 2010

Decision No.95/2010-96/2010

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 048/OFF/52/2002 issued to GENERAL DISTRIBUTORS LIMITED in respect of premises situated at 261 High Street, Lower Hutt, 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/016/21/03 issued to ROSALIE CHRISTINE DITTMER

BETWEEN ANDREW LEA SMITH

(Police Officer of Lower Hutt)

Applicant

AND GENERAL DISTRIBUTORS LIMITED

First respondent

AND ROSALIE CHRISTINE DITTMER

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Ms J D Moorhead

DECISION

We have before us applications dated 24 June 2009, for suspension of an off-licence and a General Manager’s Certificate.

The applications stem from an incident in which liquor was sold to an intoxicated person in breach of the provisions of s.166(1) of the Act. Ms Dittmer was the duty manager at the time.

The respondents have agreed to suspension of the off-licence and manager’s certificate. Accordingly, we make the following orders by consent:

(a) Off-licence number 048/OFF/52/2002, issued to General Distributors Limited, is suspended for three days from 7.00 am on Sunday 21 March 2010 until 7.00 am on Wednesday 24 March 2010.

(b) General Manager’s Certificate number GM/016/21/03, issued to Rosalie Christine Dittmer, is suspended for 30 days from 1 April 2010.

DATED at WELLINGTON this17th day of February 2010

______________________
K Thompson
Secretary

Countdown Lower Hutt & Dittmer.doc(ab)