Russell v Tinwald Supervalue [2012] NZLLA 65 (26 January 2012)

Last Updated: 10 February 2012

[2012] NZLLA 65-66

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 062/OFF/1/05 issued to PROGAP HOLDINGS LIMITED in respect of premises situated at 113 Archibald Street, Tinwald, Ashburton, known as "Tinwald Supervalue"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 062/GM/53/05 issued to PHILIP CHARLES YOUNG

BETWEEN GRANT JOHN RUSSELL

(Police Officer of Ashburton)

Applicant

AND PROGAP HOLDINGS LIMITED

First respondent

AND PHILIP CHARLES YOUNG

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Dr J Horn

DECISION

We have before us applications by Senior Sergeant G J Russell of Ashburton Police dated 22 December 2012, for suspension of an off-licence and a General Manager’s Certificate following a controlled purchase operation conducted on Friday 9 December 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 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 062/OFF/1/05, issued to Progap Holdings Limited, is suspended for 48 hours from 7.00 am on Friday 2 March 2012.

(b) General Manager’s Certificate number 062/GM/53/05, issued to Philip Charles Young, is suspended for 30 days from Monday 5 March 2012.

DATED at WELLINGTON this 26th day of January 2012

B M Holmes
Secretary

Tinwald Supervalue & Philip Young.doc(ab)