Loye v Three Kings Liquor Store Limited and Brar [2006] NZLLA 1002 (10 November 2006)

New Zealand Liquor Licensing Authority

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Loye v Three Kings Liquor Store Limited and Brar [2006] NZLLA 1002 (10 November 2006)

Last Updated: 3 February 2010

Decision No. 1002/2006 –
1003/2006

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/133/2005 issued to THREE KINGS LIQUOR STORE LIMITED in respect of premises situated at 501D Mount Albert Road, Three Kings, Auckland, known as "Three Kings Liquor Store"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/007/1325/05 issued to JASWINDER KAUR BRAR

BETWEEN JASON PETER LOYE

(Police Officer of Avondale)

Applicant

AND THREE KINGS LIQUOR STORE LIMITED

First respondent

AND JASWINDER KAUR BRAR

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Ms P A Ballard

DECISION

We have before us applications by Senior Constable J P Loye for suspension of an off-licence issued to Three Kings Liquor Store Limited in respect of premises at 501D
Mount Albert Road, Three Kings, Auckland, known as “Three Kings Liquor Store, and for suspension of a General Manager’s Certificate held by Jaswinder Kaur Brar.

The grounds for the applications are that the premises have been conducted in breach of the following provisions of the Act:
Section 155 – Sale of liquor to a person under 18 years of age; and

Section 164 – Allowing a person under 18 years of age in a supervised area; and
Section 154 – Unauthorised sale or supply;
and that the manager has failed to conduct the licensed premises in a proper manner.

More particularly it is alleged that a controlled purchase operation was conducted by the Police on Saturday 22 April 2006. A female volunteer, then aged 17 years and seven months was required by the Police, pursuant to s.162(5) of the Act, to enter “Three Kings Liquor Store” and attempt to purchase liquor.

A successful purchase was made without the volunteer being asked her age, and without being required to produce any form of identification. The sale was made by Ms Brar, who was subsequently identified as the manager for the time being on duty.

The facts are not disputed, and Ms Brar accepted that suspension of the off-licence and her manager’s certificate is appropriate. Following discussion with Senior Constable Loye a negotiated settlement was reached whereby recommended periods of suspension would be imposed by the Authority by consent, without the requirement to deal with the matters at a public hearing.

Ms Brar is the sole director/shareholder of Brar Enterprises Limited, and at the time the sale was made the business was trading pursuant to a temporary authority issued to that company. An application for an off-licence was before the Auckland District Licensing Agency at the time.

It was the recommendation of the applicant that suspension of the off-licence then in force be served by the applicant at a mutually agreed time, in return for which the District Licensing Agency and the Police would not oppose the issue of a new off-licence to Brar Enterprises once the suspension period had passed.

Ms Kaur gave an undertaking to cease trading for one day on Saturday 12 August. The premises were visited by the Agency Inspector on that day and it was confirmed that the business was closed. We commend the applicant and the respondent for achieving a practical resolution, and we ratify the voluntary cessation of trade, on Saturday 12 August 2006, under off-licence number 007/OFF/133/2005, issued to Three Kings Liquor Store Limited (being operated under temporary authority issued to Brar Enterprises Limited).

However, the matter of suspension of the manager’s certificate is still to be determined. The applicant recommended that a term of one month was considered consistent with other offences of a like nature.

Accordingly, having considered the recommendation from Senior Constable Loye, we make the following order:

General Manager’s Certificate number GM/007/1325/05, issued to Jaswinder Kaur Brar, is suspended for one month from 20 November 2006.

DATED at WELLINGTON this 10th day of November 2006

______________________
B M Holmes
Deputy Secretary

Three Kings.doc(ab)