Lally and Radich v Napolianj Traders Limited and others [2006] NZLLA 66 (17 February 2006)

Last Updated: 18 February 2010

Decision No. PH 66/2006 –
PH 69/2006

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 008/OFF/10/2005 issued to NAPOLIAN TRADERS LIMITED in respect of premises situated at 63 Churchill Avenue, Manurewa, Manukau City, known as "Churchill Avenue Liquor"; and off-licence number 008/OFF/62/2004 issued to VEER COMPANY LIMITED in respect of premises situated at Shop 4, 117 Rowandale Avenue, Manurewa, Manukau City, known as “Rowandale Liquor”; and off-licence number 008/OFF/26/2004 issued to LIQUOR EXPRESS LIMITED in respect of premises situated at 2 Growers Lane, Mangere, Manukau City, known as “Express Liquor”

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/08/115/2004 issued to ARWIN KUMAR

BETWEEN CHRISTOPHER DAVID LALLY

(Police Officer of Papakura)

AND PAUL RADICH

(Manukau District Licensing Agency Inspector)

Applicants

AND NAPOLIAN TRADERS LIMITED

VEER COMPANY LIMITED

EXPRESS LIQUOR LIMITED

First respondents

AND ARWIN KUMAR

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 filed jointly by Constable C D Lally of Papakura Police, and Mr P Radich, Manukau District Licensing Agency Inspector, for suspension of three off-licences located in the Manukau Licensing District, and for suspension of a General Manager’s Certificate held by Arwin Kumar.

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

Section 155(1) of the Act 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 the licensed premises to any person who is under the age of 18 years.

More particularly it is alleged that between 30 September 2005 and 28 October 2005, controlled purchase operations were conducted on the first respondents’ premises. Volunteers, both male and female, then aged variously between 15 years and 11 months and 17 years and five months were requested by Police, pursuant to s.162(5) of the Act, to enter the licensed premises identified above, and attempt to purchase liquor.

In each instance a successful purchase was made without any of the volunteers being challenged as to his or her age, or being required to provide any acceptable document of identification.

None of the respondents dispute the grounds for the applications, and they acknowledge that suspension of the licences and the certificate is an appropriate sanction.

Police have recommended periods of suspension for each of the off-licences and the manager’s certificate concerned. They have further recommended that, in the case of “Churchill Avenue Liquor”, the off-licence be renewed for 18 months rather than the maximum three years provided by the statute. Our Secretary will request that the District Licensing Agency forward the renewal application to the Authority when it is filed.

The respondents have confirmed acceptance of the Police recommendations, and seek to have the suspensions imposed by the Authority without public hearing.

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

(a) Off-licence number 008/OFF/10/2005, issued to Napolian Traders Limited, is suspended for two days from 9.00 am on Thursday 16 March 2006 until 9.00 am on Saturday 18 March 2006.

(b) Off-licence number 008/OFF/62/2004, issued to Veer Company Limited, is suspended for seven days from 9.00 am on Monday 20 March 2006 until 9.00 am on Monday 27 March 2006.

(c) Off-licence number 008/OFF/26/2004, issued to Express Liquor Limited, is suspended for three days from 10.00 am on Wednesday 15 March until 10.00 am on Saturday 18 March 2006.

(d) General Manager’s Certificate number GM/08/115/2004, issued to Arwin Kumar, is suspended for one month from Wednesday 15 March 2006.

DATED at WELLINGTON this 17th day of February 2006

______________________
B M Holmes
Deputy Secretary

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