Kroll v Palmerston North RSA [2011] NZLLA 1497 (20 December 2011)

Last Updated: 9 January 2012

[2011] NZLLA 1497

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 club licence number 039/CL/5/2010 issued to PALMERSTON NORTH RETURNED SERVICES ASSOCIATION INCORPORATED in respect of premises situated at 200 Broadway Avenue, Palmerston North, known as "Palmerston North RSA"

BETWEEN LYNNE DIANNE KROLL

(Palmerston North District Licensing Agency Inspector)

Applicant

AND PALMERSTON NORTH RETURNED SERVICES ASSOCIATION INCORPORATED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Mr P M McHaffie

DECISION

We have before us an application by Mrs L D Kroll, Palmerston North District Licensing Agency Inspector dated 28 November 2011, for suspension of a club licence.

The ground for the application is that the premises have been conducted in breach of the provisions of s.165 of the Act – sale of liquor to a person to whom such sale is not authorised by the licence.

Discussions were held between the club’s general manager, the Police and a District Licensing Agency Inspector following a number of compliance visits to the club’s premises when they were being used for functions or events not promoted by the club and at which liquor was being sold to members of the public with the club not having first obtained a special licence.

The respondent does not dispute the ground for the application and has agreed to suspension of the club licence. Accordingly, we make the following order by consent:

Club licence number 039/CL/5/2010, issued to Palmerston North Returned Services Association Incorporated, is suspended for three days from 9.00 am on Tuesday 17 January 2012 until 9.00 am on Friday 20 January 2012.

DATED at WELLINGTON this 20th day of December 2011

M Langworthy
Deputy Secretary

Palmerston North RSA.doc(ab)