Lally v Cheep Liquor [2005] NZLLA 520 (2 August 2005)

Last Updated: 23 November 2010

Decision No. PH 520-521/2005

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 0080FF/52/2004 issued to BRIDGE STORAGE MB LIMITED (formerly Bridge Storage Limited) in respect of premises situated at 123 Coronation Road, Mangere Bridge, Manukau City known as “Cheep 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 4088/97 issued to GARY WILLIAM HAWTON

BETWEEN CHRISTOPHER LALLY

(Police Officer of Papakura)

Applicant

AND BRIDGE STORAGE MB LIMITED

First Respondent

AND GARY WILLIAM HAWTON

Second Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr J C Crookston

HEARING at AUCKLAND on 2 August 2005

APPEARANCES

Constable C D Lally - NZ Police - applicant
Mr D G Scott - for respondents
Mr P A Radich - Manukau District Licensing Agency Inspector - to assist

ORAL DECISION OF THE AUTHORITY

[1] There are two enforcement applications before the Authority. The first is an application brought pursuant to s.132 of the Act for the suspension or cancellation of an off-licence issued to Bridge Storage MB Limited in respect of premises situated at 123 Coronation Road, Mangere Bridge, Manukau City, known as “Cheep Liquor”. The second application is brought by the Police for the suspension or cancellation of a General Manager’s Certificate issued to Gary William Hawton.

[2] The applications arise out of a controlled purchase operation which took place on 14 December 2004. In the course of the operation a young 17 year old volunteer was requested to enter the premises with $10 and attempt to purchase liquor, thereby testing the integrity of the store’s systems. The young person was able to select a 4 pack of KGB vodka and lemon and was able to purchase the liquor without being asked for his age or for any identification. It was discovered that the person who made the sale was in fact Mr Hawton the duty manager. The applications were accordingly filed.

[3] The controlled purchase operation was conducted in respect of a large number of off-licensed premises, and approximately 90% of the premises had sufficiently well managed systems in place, to refuse to make sales. A large number of those that failed the test had negotiated settlements offered to them by the Police and the District Licensing Agency. The general basis of the settlements were that the off-licence would be suspended for periods of a minimum of 24 hours, and the General Manager’s Certificates would be suspended for a month, particularly where the managers made the sales.

[4] In the case before the Authority Mr Scott has appeared as agent for the company and for Mr Hawton. Mr Scott noted that the application was neither signed nor dated but in a spirit of co-operation has consented to a s.111 waiver in respect of those matters. Mr Scott has also been good enough to alert us to the fact that on or about 1 December 2004, the company’s name was changed and is now correctly stated as Bridge Storage MB Limited. Of course failure to notify the change of company name is an offence under s.225(4) rendering every director of the company liable on conviction to a fine not exceeding $10,000.

[5] Mr Scott has attempted to negotiate a settlement of all outstanding issues on the basis that the evidence is accepted. This was a responsible attitude by both respondents, and we have no hesitation in accepting the proposal. Under the terms of the negotiated settlement, the normal period of time in respect of the General Manager’s Certificate will be reduced, and an extra period has been accepted for the suspension of the off-licence.

[6] Both the Police and the District Licensing Agency Inspector contended that in the circumstances, the General Manager’s Certificate should be suspended for a period of 20 days. In the light of the co-operative attitude of the respondents, and the two day suspension of the off-licence, we decline to follow that recommendation.

[7] We thank the parties for resolving these matters without the necessity of evidence being called and we make the following orders:

• (a) Off-licence number 008OFF/52/2004 issued to Bridge Storage MB Limited, will be suspended for 48 hours or two days from 9.00 am on Monday 22 August to 9.00 am on Wednesday 24 August.
  

(b) General Manager’s Certificate issued to Gary William Hawton is suspended for 10 days from 9.00 am on Monday 22 August.

DATED at WELLINGTON this 9th day of August 2005

Judge E W Unwin Mr J C Crookston
Chairman Member

Cheep Liquor.doc(nl)