Diamond v Naenae Liquor Shop [2012] NZLLA 1437 (21 December 2012)

Last Updated: 14 January 2013

[2012] NZLLA 1437

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 048/OFF/75/2003 issued to EASTERN FOODS NAENAE LIMITED in respect of premises situated at 399 Cambridge Terrace, Naenae, Lower Hutt, known as "Naenae Liquor Shop"

BETWEEN LEWIS JOHN DIAMOND

(Police Officer of Upper Hutt)

Applicant

AND EASTERN FOODS NAENAE LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Members: Ms J D Moorhead
Mr R S Miller

DECISION

We have before us an application by Constable L J Diamond of Upper Hutt Police dated 28 August 2012, for suspension of an off-licence following a controlled purchase operation conducted on Friday 12 July 2012.

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 048/OFF/75/2003, issued to Eastern Foods Naenae Limited, is suspended for five days from 9.00 am on Friday 25 January 2013 until 9.00 am on Wednesday 30 January 2013.

DATED at WELLINGTON this 21st day of December 2012

B M Holmes
Secretary Naenae Liquor Shop.doc(ab)