Campbell v Minibar Malbas Pool Hall [2011] NZLLA 639 (11 July 2011)

Last Updated: 4 August 2011

[2011] NZLLA PH 638-639

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/14/2010 issued to CONSOLIDATED HOLDINGS LIMITED in respect of premises situated at 51 Main Street, Palmerston North, known as “Minibar Malbas Pool Hall”

AND

IN THE MATTER of an application pursuant to s.132 of the Act for suspension or cancellation of on-licence number 039/ON/9/2009 issued to BRAE COURT INVESTMENTS LIMITED in respect of premises situated at 12-18 Rangitikei Street, Palmerston North, known as “Malbas Bar”

BETWEEN MICHELLE LEE CAMPELL

(Police Licensing Officer of Palmerston North)

Applicant

AND CONSOLIDATED HOLDINGS LIMITED

First respondent

AND BRAE COURT INVESTMENTS LIMITED

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

CORRIGENDUM

In decision [2011] NZLLA 638-639, dated 11 July 2011, we considered applications by the Police for suspension of two on-licences in Palmerston North.

At the hearing the applications were withdrawn by leave following a number of undertakings presented by the respondent to satisfy the concerns of the applicant.

Included in those undertakings, at paragraph [1][c] of the decision we quoted the following submission filed on behalf of the respondent:

“[c] That it will cease all promotions offering discounts to patrons of more than 15% off the current standard price and that the standard price shall not be decreased. For clarification, $4.00 will be the minimum price but for drinks such as Jagerbombs, Jagerbulls or Vodkabulls, the minimum price will be $6.00”

Due to a drafting error the percentage was entered incorrectly. Accordingly clause [c] is hereby amended to read:

“[c] That it will cease all promotions offering discounts to patrons of more than 50% off the current standard price and that the standard price shall not be decreased. For clarification, $4.00 will be the minimum price but for drinks such as Jagerbombs, Jagerbulls or Vodkabulls, the minimum price will be $6.00”

In all other respects the decision remains unchanged.

DATED at WELLINGTON this day of 2011

M Langworthy
Deputy Secretary

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