Loye v New Zealand Sunny International Company Limtied and Shan [2006] NZLLA 197 (23 March 2006)

Last Updated: 27 February 2010

Decision No. PH 197/2006 –
PH 198/2006

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/175/2005 issued to NEW ZEALAND SUNNY INTERNATIONAL COMPANY LIMITED in respect of premises situated at 861 Dominion Road, Mount Roskill, Auckland, known as "Balmoral Wines and Spirits"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/007/1249/05 issued to MIN SHAN

BETWEEN JASON PETER LOYE

(Police Officer of Avondale)

Applicant

AND NEW ZEALAND SUNNY INTERNATIONAL COMPANY LIMITED

First respondent

AND MIN SHAN

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 Senior Constable J P Loye of Avondale Police for suspension of an off-licence held by New Zealand Sunny International Company Limited, in respect of premises at 861 Dominion Road, Mount Roskill, Auckland, known as “Balmoral Wines and Spirits”, and for suspension of a General Manager’s Certificate held by Min Shan.

The grounds for the applications are that the premises have been operated in breach of ss.155 and 164 of the Act, and that the licensee failed to ensure that the condition of the licence relating to the sale of liquor to prohibited persons was observed.

Section 155 creates an offence for any licensee or manager of any licensed premises to sell and supply, or allow the sale and supply of any liquor on or from the premises to any person who is under the age of 18 years, and s.164 creates an offence for any licensee or manager who permits any person under the age of 18 years to remain in any restricted area or any supervised area.

More particularly it is alleged that on Friday 2 December 2005, a controlled purchase operation was carried out in the Auckland licensing district. A female volunteer, at the time aged 16 years and five months, was requested pursuant to s.162(5) of the Act, to enter the first respondent’s premises, and attempt to purchase liquor.

A successful purchase was completed without the volunteer being questioned as to her age, or being required to produce any acceptable document of identification. The sale was made by the second respondent, who was subsequently identified as the manager on duty at the time.

The respondents do not dispute the grounds for the applications. They have been advised that a period of suspension of the off-licence and the manager’s certificate will be the probable outcome of any proceedings before the Authority.

Accordingly, following discussion with the applicant, the respondents have expressed themselves willing to accept imposition of periods of suspension, by the Authority, without the requirement to appear before us at a public hearing.

Having considered the recommendations from the Police, we are prepared to deal with the matters on the papers, and we make the following orders:

(a) Off-licence number 007/OFF/175/2005, issued to New Zealand Sunny International Company Limited, is suspended for 24 hours from 9.00 am on Thursday 1 June 2006.

(b) General Manager’s Certificate number GM/007/1249/05, issued to Min Shan, is suspended for 21 days from 1 June 2006.

DATED at WELLINGTON this 23rd day of March 2006

______________________
B M Holmes
Deputy Secretary

BalmoralWines&Spirits.doc(ab)