Lally v Mount Smart Liquor [2012] NZLLA 853 (27 July 2012)

Last Updated: 22 August 2012

[2012] NZLLA 853

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 007/OFF/9105/2012 issued to SMART LIQUOR ENTERPRISES LIMITED in respect of premises situated at 263 Mount Smart Road, Onehunga, Auckland, known as "Mount Smart Liquor"

BETWEEN CHRISTOPHER DAVID LALLY

(Police Officer of Auckland)

Applicant

AND SMART LIQUOR ENTERPRISES LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us an application by Sergeant C D Lally of Mount Wellington Police dated 5 July 2012, for suspension of an off-licence following a controlled purchase operation conducted on Friday 15 June 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 007/OFF/9105/2012, issued to Smart Liquor Enterprises Limited, is suspended for three days from 9.00 am on Wednesday 29 August 2012 until 9.00 am on Saturday 1 September 2012.

DATED at WELLINGTON this 27th day of July 2012

B M Holmes
Secretary Mount Smart Liquor.doc(ab)