Kopyl v Finlayson Liquor [2012] NZLLA 693 (19 June 2012)

Last Updated: 18 July 2012

[2012] NZLLA PH 693-695

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 or cancellation of off-licence number 007/OFF/3115/2011 issued to BAINS BROTHERS LIMITED in respect of premises situated at Shop 2, 140 Finlayson Avenue, Manurewa, Auckland, known as “Finlayson Liquor”

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension or cancellation of General Manager's Certificate number GM/121/2008 issued to TARA SINGH

BETWEEN TETYANA KOPYL

(Police Officer of Manukau)

Applicant

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension or cancellation of General Manager's Certificate number GM/007/2052/2011 issued to SATNAM BAINS

BETWEEN TETYANA KOPYL

(Police Officer of Manukau)

Applicant

AND BAINS BROTHERS LIMITED

First respondent

AND TARA SINGH

Second respondent

AND STANAM BAINS

Third respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at PAPAKURA on 13 June 2012

APPEARANCES

Sergeant B Ingram – NZ Police – applicant
Mr J D Young – for respondents

DECISION OF THE AUTHORITY

[1] During the course of the evidence for the applicant, the applicant appreciated that the evidence supporting the application was inadequate to prove the allegations. Further, there was doubt as to whether the allegations constituted grounds which would support any of the enforcement applications.

[2] In these circumstances the applicant sought leave to withdraw all applications.

[3] Each application was withdrawn accordingly.

DATED at WELLINGTON this 19th day of June 2012

B M Holmes
Secretary

Findlayson Liquor.doc(aw)