Dalziell-Kernohan v Ramji [2006] NZLLA 1052 (4 December 2006)

Last Updated: 4 February 2010

Decision No. 1052/2006

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 015/GM/262/03 issued to VINA RAMJI

BETWEEN JAMES ROBIN DALZIELL-KERNOHAN

(Police Officer of Hamilton)

Applicant

AND VINA RAMJI

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us an application by Senior Constable J Kernohan for suspension of a General Manager’s Certificate held by Vina Ramji.

The ground for the application is that the manager has failed to conduct licensed premises in a proper manner.

More particularly it is alleged that on Wednesday 12 July 2006 a male volunteer aged 17 years was requested by the Police, pursuant to s.162(5) of the Act, to enter licensed premises and attempt to purchase liquor.

In the premises known as “Victoria Mini Supermarket” the volunteer was able to purchase six cans of beer without being asked his age or being required to provide any form of identification. The sale was made by Ms Ramji.

The respondent does not dispute the ground for the application and acknowledges that suspension of her manager’s certificate is appropriate.

The applicant has negotiated a settlement whereby a recommended term of suspension may be imposed by the Authority without recourse to a public hearing. The respondent is willing to adopt that course of action.

Having considered the Police recommendation we make the following order:

General Manager’s Certificate number 015/GM/262/03, issued to Vina Ramji, is suspended for four weeks from Monday 8 January 2007.

DATED at WELLINGTON this 4th day of December 2006

______________________
B M Holmes
Deputy Secretary

Vina Ramji.doc(ab)