Law v Imm [2006] NZLLA 732 (14 September 2006)

Last Updated: 1 February 2010

Decision No. 732/2006

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 005/OFF/1/2006 issued to HANBIN IMM in respect of premises situated at 112 Chivalry Road, Glenfield, North Shore City, known as "Valley Liquor"

BETWEEN BRYCE ROBERT LAW

(Police Officer of North Shore)

Applicant

AND HANBIN IMM

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 Constable B R Law of North Shore Police for suspension of an off-licence held by Hanbin Imm in respect of premises at 112 Chivalry Road, Glenfield, North Shore City, known as “Valley Liquor”.

The grounds for the application are that the premises have been conducted in breach of s.155(1) of the Act which creates an offence for any licensee or manager of licensed premises, who sells or supplies any liquor, or allows any liquor to be sold or supplied to any person who is under the age of 18 years; and s.164 of the Act which creates an offence for any licensee or manager to allow any person under the age of 18 years to enter or remain in any restricted or supervised area on licensed premises. These breaches were detected during a controlled purchase operation conducted in the North Shore licensing district in 11 July last.

More particularly it is alleged that on 11 July 2006, a male volunteer then aged 15 years and nine months was instructed by police, pursuant to s.162(5) of the Act, to enter the respondent’s premises and attempt to purchase liquor. When he approached the counter with his selection he was asked whether he was over 18 years of age, to which he replied in the affirmative. The sales person did not request any documentary proof of age, and the sale of liquor was completed.

The respondent acknowledges that the grounds for the application have been established and accepts that suspension of the off-licence is appropriate.

The Police have recommended a term of suspension which is considered commensurate with the offence, and have offered the licensee the option of having that sanction imposed by the Authority by consent, without recourse to a public hearing. The respondent accepts the recommendation.

Having considered the recommendation from Constable Law we are prepared to deal with the matter on the papers. Accordingly we make the following order:

Off-licence number 005/OFF/1/2006, issued to Hanbin Imm, is suspended for 24 hours from 8.00 am on Tuesday 3 October 2006.

DATED at WELLINGTON this 14th day of September 2006

______________________
B M Holmes
Deputy Secretary

ValleyLiquor.doc(ab)