Donaldson v Malfroy's Tavern [2011] NZLLA 590 (23 June 2011)

Last Updated: 3 August 2011

[2011] NZLLA 590

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 023/OFF/190/2008 issued to MALFROY’S LIMITED in respect of premises situated at 172-176 Malfroy Road, Rotorua, known as "Malfroy’s Tavern"

BETWEEN HENRIETTA SHREEVE DONALDSON

(Police Licensing Officer of Rotorua)

Applicant

AND MALFROY’S LIMITED

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 H S Donaldson, Police Licensing Officer of Rotorua dated 31 May 2011, for suspension of an off-licence following a controlled purchase operation on Friday 27 May 2011.

The ground for the application is 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.

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

Off-licence number 023/OFF/190/2008, issued to Malfroy’s Limited, is suspended for 24 hours from 9.00 am on Friday 8 July 2011.

DATED at WELLINGTON this 23rd day of June 2011

B M Holmes
Secretary Malfroy’s Tavern.doc(ab)