Lawn v Darfield Hotel [2012] NZLLA 954 (23 August 2012)

Last Updated: 5 September 2012

[2012] NZLLA 954

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of a rehearing pursuant to s.110(3) of the Act of an application pursuant to s.132 of the Act for suspension of off-licence number 059/OFF/112/2007 issued to RP & DP O’CONNELL LIMITED in respect of premises situated at 37 South Terrace, Darfield, known as "Darfield Hotel"

BETWEEN ALASTAIR JOHN LAWN

(Police Officer of Christchurch)

Applicant

AND RP & DP O’CONNELL LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

In decision [2012] NZLLA 883 dated 1 August 2012, we made an order to suspend an off-licence in respect of premises situated at 37 South Terrace, Darfield, known as "Darfield Hotel".

A settlement had been negotiated between Sergeant Lawn and the respondent with an agreed term of suspension of 24 hours. It was requested that the suspension be served in early August. A suspension date of Friday 10 August 2012 was recommended to the Authority and approved on 30 July 2012.

However, a memorandum from the Police dated 9 August 2012 reveals that, of its own initiative, the respondent ceased trading under the off-licence for 24 hours on Friday 3 August 2012, at which time it had yet to receive a copy of the Authority’s decision.

The respondent provided the Police with till tapes from 3 August 2012 to verify the cessation of trade. Sergeant Lawn is satisfied that the suspension occurred. In the circumstances we agree to rehear the matter on the papers pursuant to s.110(3) and we ratify the following amended order:

Off-licence number 059/OFF/112/2007, issued to RP & DP O’Connell Limited, was suspended for 24 hours from 7.00 am on Friday 3 August 2012.

DATED at WELLINGTON this 23rd day of August 2012

B M Holmes
Secretary

Darfield Hotel2.doc(ab)