Mount Liquor Mart [2011] NZLLA 1273 (7 November 2011)

Last Updated: 7 December 2011

[2011] NZLLA 12373-1274

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by STOCKLEY INVESTMENTS LIMITED pursuant to s.41 of the Act for renewal of an off-licence in respect of premises situated at 221 Maunganui Road, Mount Maunganui, known as "Mount Liquor Mart"

AND

IN THE MATTER of an application by ROBERT PAUL STOCKLEY pursuant to s.123 of the Act for renewal of a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us applications by Stockley Investments Limited for renewal of an off-licence in respect of premises situated at 221 Maunganui Road, Mount Maunganui, Tauranga, known as “Mount Liquor Mart”, and by Robert Paul Stockley for renewal of a General Manager’s Certificate.

In decision [2011] NZLLA PH 929-921, following a public hearing at Tauranga on 17 August 2011, we adjourned an application by the Police for suspension of the off-licence. We made an order suspending the General Manager’s Certificate for three months.

The enforcement applications had been filed as a result of the licensee having failed the test in three separate controlled purchase operations over a period of two years. We were told that the business had been put on the market and on that basis we ruled that both the off-licence and the manager’s certificate would be renewed for a period of 12 months to facilitate disposal of the business.

The Police and District Licensing Agency Inspector do not oppose shortened terms of renewals for the reasons specified in the afore-mentioned decision, and the applicants have agreed to accept renewal on those terms.

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 off-licence on the existing terms and conditions until 9 August 2012, that being the anniversary date of the licence and one year from the most recent date of expiry, and we authorise the issue of a notice of renewal.

We are further satisfied as to the matters to which we must have regard in s.126 of the Act and we renew the manager’s certificate for one year until 26 July 2012. A notice of renewal is attached to this decision.

DATED at WELLINGTON this 7TH day of November 2011

B M Holmes
Secretary

Mount Liquor Mart & Robert Stockley.doc(ab)