Law v Valley Wine Merchants and Popov [2006] NZLLA 118 (22 February 2006)

Last Updated: 20 February 2010

Decision No. PH 118/2006 –
PH 119/2006

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 006/OFF/88/2005 issued to VALLEY WINE MERCHANTS LIMITED in respect of premises situated at 225 Henderson Valley Road, Henderson, Waitakere City, known as “Valley Wine Merchants”

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of Manager’s Certificate number GM 036/2004 issued to KRISTINA POPOV

BETWEEN BRYCE ROBERT LAW

(Police Officer of Browns Bay)

Applicant

AND VALLEY WINE MERCHANTS LIMITED

First Respondent

AND KRISTINA POPOV

Second Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us applications by Constable B R Law of Browns Bay Police for suspension of an off-licence held by Valley Wines Limited in respect of premises at 225 Henderson Valley Road, Henderson, Waitakere City, known as “Valley Wine Merchants”, and for suspension of a General Manager’s Certificate held by Kristina Popov.

The grounds for the applications are that the premises have been conducted in breach of s.155(1) of the Act, and that the manager has failed to conduct the licensed premises in a proper manner.

Section 155(1) of the Act provides:

155 Sale or supply of liquor to minors

(1) Every person commits an offence and is liable to [the penalty set out in subsection (2A)] who, being the licensee or a manager of any licensed premises, sells or supplies any liquor, or allows any liquor to be sold or supplied, on or from the licensed premises to any person who is under the age of [18] years.

The applications arise from a controlled purchase operation conducted on the first respondent’s premises on 3 December 2005. More particularly it is alleged that a male volunteer aged 16 years and six months was requested to enter the licensed premises with the intention of purchasing liquor.

Section 162(5) of the Act provides that no offence is committed by any person under the age of 18 years who makes such a purchase at the request of Police. It is a mechanism by which enforcement agencies may monitor any licensee’s or manager’s commitment to compliance with the provisions of the Act, and the conditions of the licence.

The volunteer made a successful purchase without being challenged as to his age, and without being required to produce any document of identification. The salesperson was subsequently identified as the second respondent, who was the manager on duty at the time.

The respondents do not dispute the grounds for the applications, and they are aware that any proceedings before the Authority to determine the matters will, in all probability, result in suspension of the off-licence and manager’s certificate.

At the recommendation of the applicant the licensee and manager have consented to have periods of suspension imposed by the Authority, without the requirement to appear before us at a public hearing. The duration of the suspensions recommended by Constable Law have been accepted by the respondents as being appropriate.

Having considered the recommendations from the appellant we will deal with the matters on the papers, and we make the following orders:

(a) Off-licence number 006/OFF/88/2005, issued to Valley Wines Merchants Limited, is suspended for 24 hours from 9.00 am on Saturday 25 March 2006.

(b) General Manager’s Certificate number GM 036/2004, issued to Kristina Popov, is suspended for 14 days from Monday 27 March 2006.

DATED at WELLINGTON this 22nd day of February 2006

_________________________
B M Holmes
Deputy Secretary

Valley Wine Merchants.doc(aw)