Campbell and Kroll v The Railway [2011] NZLLA 10 (13 January 2011)

Last Updated: 28 January 2011

[2011] NZLLA 0010-0011

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 on-licence number 039/ON/32/2010 issued to DJ & JK CAPPER LIMITED in respect of premises situated at 275 Main Street, Palmerston North, known as "The Railway"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 039/GM/98/2005 issued to ROCHELLE DIANE SMART

BETWEEN MICHELLE LEE CAMPBELL

(Police Licensing Administrator of Palmerston North)

AND LYNNE DIANNE KROLL

(Palmerston North District Licensing Agency Inspector)

Applicants

AND DJ & JK CAPPER LIMITED

First respondent

AND ROCHELLE DIANE SMART

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Dr J Horn
Ms J D Moorhead

DECISION

We have before us joint applications by Michelle Campbell of Palmerston North Police, and Lynne Kroll Palmerston North District Licensing Agency Inspector, dated 23 December 2010, for suspension of an on-licence and a General Manager’s Certificate following a controlled purchase operation conducted on Friday 17 December 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 minor; s.163 of the Act – minor in supervised area and s.165 of the Act – unauthorised sale or supply; and that the manager failed to conduct the premises in a proper manner.

The respondents do not dispute the grounds for the applications and have agreed to suspension of the on-licence and manager’s certificate. Accordingly, we make the following orders by consent:

[a] On-licence number 039/ON/32/2010, issued to DJ & JK Capper Limited, is suspended for two days from 7.00 am on Friday 4 March 2011 until 7.00 am on Sunday 6 March 2011.

[b] General Manager’s Certificate number 039/GM/98/2005, issued to Rochelle Diane Smart, is suspended for four weeks from Monday 21 February 2011

DATED at WELLINGTON this 13th day of January 2011

______________________
B M Holmes
Secretary

The Railway & Rochelle Smart.doc(bh)