Mortenson and Richardson v Hans Limited and Koh [2007] NZLLA 1014 (11 October 2007)

Last Updated: 27 January 2012

Decision No. 1014-1015/2007

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/9/2004 issued to HANS LIMITED in respect of premises situated at Unit A, Seville Centre, 52 Oteha Valley Road, Albany, North Shore City, known as "Oteha Valley Liquor Centre"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM005/297/2003 issued to CHOON HEE KOH

BETWEEN SHONTAHL JAYDI MORTENSEN

(Police Officer of North Shore)

AND PETER NORMAN RICHARDSON

(North Shore District Licensing Agency Inspector)

Applicants

AND HANS LIMITED

First respondent

AND CHOON HEE KOH

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Members: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us applications filed jointly by Constable S J Mortensen of North Shore Police, and Mr P N Richardson, North Shore District Licensing Agency Inspector.

The applicants seek suspension of an off-licence held by Hans Limited in respect or premises at Unit A, Seville Centre, 52 Oteha Valley Road, Albany, North Shore City, known as “Oteha Valley Liquor Centre”, and for suspension of a General Manager’s Certificate held by Choon Hee Koh.

The grounds for the applications are: that the premises have been conducted in breach of the provisions of s.155 of the Act; i.e. sale of liquor to a person under 18 years of age; and that the manager has failed to conduct the licensed premises in a proper manner.

More particularly it is alleged that on Thursday 2 August this year a controlled purchase operation was undertaken in the North Shore licensing district. During that operation a male volunteer aged 17 years was requested by the Police, pursuant to s.162(5) of the Act, to enter licensed premises and attempt to purchase liquor.

The volunteer entered the first respondent’s premises at approximately 4.39 pm, selected a six-pack of ‘Corona’ beer, and took it to the counter. The sales person conducted the transaction without inquiring as to the volunteer’s age, and without making any request for identification.

The second respondent was subsequently identified as the person who made the sale. Ms Koh was the duty manager at the time the purchase was completed.

The applicants have drawn to the Authority’s attention that the same respondents failed an identical test in July 2005, and the off-licence and manager’s certificate were suspended for 24 hours and two weeks respectively, by decisions LLA 636-637/2005, dated 27 September 2005.

Notwithstanding that some two years have elapsed since the previous failure to meet the test, we would make the observation that the respondents’ additional sales experience gained during that period should serve to engender a heightened awareness of the lengths to which young persons will go to gain access to liquor. It is disappointing to note that the message is still apparently slow to penetrate.

The grounds for the applications are not disputed, and the respondents accept that a term of suspension is appropriate. As with the previous incident in 2005, the Police have invited the respondents to consider consent to imposition by the Authority of a recommended stand-down period for the off-licence and certificate, without the requirement to appear at a public hearing. That course of action has been adopted.

Accordingly, having considered the recommendation from the applicants we are prepared to deal with the matter on the papers. In doing so we would comment that should any subsequent unlawful sales be conducted in the premises, we would anticipate that the Police and/or Agency Inspector would seek to have the respondents attend proceedings before the Authority to explain their shortcomings.

We now make the following orders:

(a) Off-licence number 005/OFF/9/2004, issued to Hans Limited, is suspended for two days from 9.00 am on Wednesday 31 October 2007 until 9.00 am on Friday 2 November 2007.

(b) General Manager’s Certificate number GM005/297/2003, issued to Choon Hee Koh, is suspended for four weeks from Monday 29 October 2007.

DATED at WELLINGTON this 11th day of October 2007

______________________
B M Holmes
Deputy Secretary

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