Verner v Patels Superette 2000 Limited [2006] NZLLA 315 (5 May 2006)

Last Updated: 14 March 2010

Decision No. PH 315/2006 –
PH 318/2006

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications pursuant to s.132 of the Act for suspension of off-licence number 049/OFF/31/2004 issued to PATELS SUPERETTE 2000 LIMITED in respect of premises situated at 103 Aro Street, Aro Valley, Wellington, known as "Patels Superette"; and off-licence number 049/OFF/35/2004 issued to KAMER HOLDINGS LIMITED in respect of premises situated on the ground floor at 139 Johnsonville Road, Johnsonville, Wellington, known as "Super Liquor Johnsonville"

AND

IN THE MATTER of applications pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 039/GM/5/2003 issued to GUNVANTRAI BHAGUBHAI PATEL; and General Manager’s Certificate number 049/GM/81/2004 issued to SHAUN ROBERT WILLIAMS

BETWEEN GRANT DAVID VERNER

(Police Officer of Wellington)

Applicant

AND PATELS SUPERETTE 2000 LIMITED

KAMER HOLDINGS LIMITED

First respondents

AND GUNVANTRAI BHAGUBHAI PATEL

SHAUN ROBERT WILLIAMS

Second respondents

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 Sergeant G D Verner of Wellington Police for suspension of two off-licences and two General Manager’s Certificates, following a controlled purchase operation conducted in the Wellington licensing district. The operation was carried out jointly by the Police and District Licensing Agency staff on 2 December 2005.

The grounds for the applications are that each of the premises have been conducted in breach of s.155(1) of the Act, which creates an offence for any person 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 licensed premises to any person who is under the age of 18 years; and that each of the managers has failed to conduct the premises in a proper manner.

More particularly it is alleged that two female volunteers, one 15 years of age, and the other 16, were requested by the Police, pursuant to s.162(5) of the Act, to enter licensed premises and purchase liquor.

In each instance a successful purchase was made. In the Aro Valley premises the manager clearly had some doubts, because he questioned the volunteer as to her age, which she gave as 18 years. However, although no document of identification to substantiate this claim could be produced, the sale was made notwithstanding. No challenge as to age was made in the Johnsonville premises.

None of the respondents has disputed the grounds for the applications, and they acknowledge that suspension of the licences and managers’ certificates is appropriate. The applicant has inquired whether the respondents wished to give consideration to periods of suspension being imposed by the Authority, by consent, without the requirement to attend a public hearing before us.

The respondents have elected to avail themselves that option, and Sergeant Verner has recommended penalties, which he believes will adequately reflect the nature of the offences.

Accordingly, having considered the recommendations from the Police, we deal with the matters on the papers, and we make the following orders:

(a) Off-licence number 049/OFF/31/2004/, issued to Patels Superette 2000 Limited, is suspended for four days from 7.00 am on Tuesday 23 May 2006 until 7.00 am on Saturday 27 May 2006.

(b) Off-licence number 049/OFF/35/2004, issued to Kamer Holdings Limited, is suspended for 24 hours from 9.00 am on Friday 26 May 2006.

(c) General Manager’s Certificate number 039/GM/5/2003, issued to Guvantrai Bhagubhai Patel, is suspended for three weeks from Monday 22 May 2006.

(d) General Manager’s Certificate number 049/GM/81/2004, issued to Shaun Robert Williams, is suspended for three weeks from Monday 22 May 2006.

DATED at WELLINGTON this 5th day of May 2006

____________________
B M Holmes
Deputy Secretary

Wellington Suspensions.doc(ab)