Harris v Bluff Four Square Supermarket [2012] NZLLA 22 (11 January 2012)

Last Updated: 25 January 2012

[2012] NZLLA 022-026

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications pursuant to s.132 of the Act for suspension of off-licence number 073/OFF/218/2007 issued to NORTH END MINI MARKET LIMITED in respect of premises situated at 54 Gore Street, Bluff, known as "Bluff Four Square Supermarket"; and off-licence number 073/OFF/74/2011 issued to BLUFF BOUTIQUE BOTTLE STORE LIMITED in respect of premises situated at 70 Gore Street, Bluff, known as "Bluff Boutique Bottle Store"; and on-licence number 073/ON/9073/2011 issued to KELPER LIMITED in respect of premises situated at 103 Gore Street, Bluff, known as "Eagle Hotel"

AND

IN THE MATTER of applications pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 073/GM/224/2009 issued to ANNETTE JUNE MOSELEY; and General Manager’s Certificate number 073/GM/105/2011 issued to HARMEET SINGH OTAAL

BETWEEN ARTHUR JOHN HARRIS

(Police Officer of Invercargill)

Applicant

AND NORTH END MINI MARKET LIMITED

BLUFF BOUTIQUE BOTTLE STORE LIMITED

KELPER LIMITED

First respondents

AND ANNETTE JUNE MOSELEY

HARMEET SINGH OTAAL

Second respondents

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Dr J Horn
Ms J D Moorhead

DECISION

We have before us applications by Sergeant A J Harris of Invercargill Police dated 10 October 2011, for suspension of two off-licences, one on-licence and two General Managers’ Certificates following a controlled purchase operation conducted on Saturday 17 September 2011.

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 managers have 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 licences and managers’ certificates. Accordingly, we make the following orders by consent:

(a) Off-licence number 073/OFF/218/2007, issued to North End Mini Market Limited, is suspended for three days from 6.00 am on Saturday 28 January 2012 until 6.00 am on Tuesday 31 January 2012.

(b) Off-licence number 073/OFF/74/2011, issued to Bluff Boutique Bottle Store Limited, is suspended for 24 hours from 9.00 am on Saturday 25 February 2012.

(c) On-licence number 073/ON/9073/2011, issued to Kelper Limited, is suspended for 24 hours from 7.00 am on Saturday 4 February 2012.

(d) General Manager’s Certificate number 073/GM/224/2009, issued to Annette June Moseley, is suspended for four weeks from 1 February 2012.

(e) General Manager’s Certificate number 073/GM/105/2011, issued to Harmeet Singh Otaal, is suspended for four weeks from 1 February 2012.

DATED at WELLINGTON this 11th day of January 2012

B M Holmes
Secretary

Bluff 4 Square & Ors.doc(ab)