Harris v Super Liquor Southland [2012] NZLLA 1161 (16 October 2012)

Last Updated: 8 November 2012

[2012] NZLLA 1161-1162

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 073/OFF/175/2007 issued to INVERCARGILL LICENSING TRUST in respect of premises situated at 406 Elles Road, Invercargill, known as "Super Liquor Southland"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 073/GM/37/2011 issued to AMBER LEIGH RAWLINSON

BETWEEN ARTHUR JOHN HARRIS

(Police Officer of Invercargill)

Applicant

AND INVERCARGILL LICENSING TRUST

First respondent

AND AMBER LEIGH RAWLINSON

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us applications by Sergeant A J Harris of Invercargill Police dated 28 September 2012, for suspension of an off-licence and a General Manager’s Certificate following a controlled purchase operation conducted on Friday 21 September 2012.

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 person under 18 years of age; and that the manager has failed to conduct the licensed premises in a proper manner.

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

(a) Off-licence number 073/OFF/175/2007, issued to Invercargill Licensing Trust, is suspended for 24 hours from 8.00 am on Friday 4 January 2013.

(b) General Manager’s Certificate number 073/GM/37/2011, issued to Amber Leigh Rawlinson, is suspended for four weeks from Saturday 27 October 2012.

DATED at WELLINGTON this 17th day of October 2012

B M Holmes
Secretary

Super Liquor Southland & Amber Rawlinson.doc(ab)