Mount Maunganui liquor store Omanu Wines and Spirits has lost a High Court appeal against the cancellation of its off-licence, forcing the business to permanently close its doors.
In an eight-page decision delivered in the Hamilton High Court at 1pm today, Justice Mark Cooper dismissed Raymond Sayed's appeal against the cancellation of the off-licence held by the Oceanbeach Rd liquor store in the Mount Maunganui suburb of Omanu.
Mr Sayed lodged an appeal to the cancellation in early May, following a decision from the Liquor Licensing Authority, which saw an order issued for the cancellation of the premises off-licence.
The premise owners had been caught selling alcohol to underage persons on a number of occasions last year.
Mr Sayed's manager's certificate, one of the owners and licensees on the premises, was also cancelled but that cancellation was not appealed.
The cancellation of the off-licence was to have taken effect from 10.30am on Friday May 14, but was postponed until the matter was at a High Court hearing in Hamilton on 11 June 2010.
The premises had been allowed to continue trading in the meantime but today's decision means that the premises must close immediately and can no longer sell alcohol at all.
Tauranga Police Alcohol Harm Reduction Officer, Sergeant Nigel McGlone was pleased with the decision.
"Just the fact that the High Court has obviously backed the decision of the Liquor Licensing Authority, and it's the right decision as far as I'm concerned, and it always was the right decision.
"It just means we don't have someone there (the Omanu community) who really has no regard for who he sells alcohol to."
Mr McGlone went to the store about 1.30pm today to inform Mr Sayed of the decision.
"His business is shut, he closed the door behind us as we left," he said.
Unable to sell the remaining stock in his store, Mr McGlone said Mr Sayed may have to attempt to return it to suppliers.
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