Shovel v Xu and Zuo [2007] NZLLA 1042 (17 October 2007)

Last Updated: 27 January 2012

Decision No. 1042-1043/2007

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 057/OFF/9/2006 issued to FENG XU in respect of premises situated at 45 Amuri Avenue. Hanmer Springs, known as "Hanmer Springs Foodway"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/057/786/2007 issued to TENG ZUO

BETWEEN DAVID JOHN SHOVEL

(Hurunui District Licensing Agency Inspector)

Applicant

AND FENG XU

First respondent

AND TENG ZUO

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr P M McHaffie

DECISION

We have before us applications by Mr D J Shovel, Hurunui District Licensing Agency Inspector, for suspension of an off-licence held by Feng Xu in respect of premises situated at 45 Amuri Avenue, Hanmer Springs, known as “Hanmer Springs Foodway”, and for suspension of a General Manager’s Certificate held by Teng Zuo.

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

More particularly it is alleged that on Friday 25 May 2007, the Police instructed a male volunteer, at the time aged 16 years and five months, to enter “Hanmer Springs Foodway” and attempt to purchase liquor. Section 162(5) of the Act provides that such a request may be made in order to monitor compliance with the provisions of the Act by licensees and managers.

A successful purchase of a six-pack of ‘Export Gold’ beer was made with no request by the sales person for any form of identification, and with no inquiry being made as to the age of the volunteer. It was subsequently established that the sale had been conducted by the second respondent who was identified as the duty manager.

The respondents do not dispute the grounds for the applications and it is acknowledged that suspension of the off-licence and the manager’s certificate is appropriate.

Mr Shovel has invited the respondents to consider imposition by the Authority of periods of suspension without the requirement to attend a public hearing. That course of action has been adopted.

Having considered the recommendations from the applicant we make the following orders:

(a) Off-licence number 057/OFF/9/2006, issued to Feng Xu, is suspended for seven days from 8.00 am on Monday 5 November 2007 until 8.00 am on Monday 12 November 2007.

(b) General Manager’s Certificate number GM/057/786/2007, issued to Teng Zuo, is suspended for two weeks from Monday 5 November 2007.

DATED at WELLINGTON this 17th day of October 2007

______________________
B M Holmes
Deputy Secretary

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