Dalziell-Kernohan v Kim [2007] NZLLA 1279 (5 December 2007)

Last Updated: 29 January 2012

Decision No. 1279-1280/2007

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 on-licence number 015/ON/209/07 issued to CHANGJUN KIM in respect of premises situated at 48 Alexandra Street, Hamilton, known as "Hyperdome"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 015/GM/355/07 issued to CHANGJUN KIM

BETWEEN JAMES ROBIN DALZIELL-KERNOHAN

(Police Officer of Hamilton)

Applicant

AND CHANGJUN KIM

First and second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Dr J Horn

DECISION

We have before us applications by Sergeant J R Dalziell-Kernohan for suspension of an on-licence held by Changjun Kim in respect of premises situated at 48 Alexandra Street, Hamilton, known as “Hyperdome”, and for suspension of Mr Kim’s General Manager’s Certificate.

The applications stem from a controlled purchase operation conducted in the Hamilton licensing district in September last, and they are based on the grounds that the premises have been conducted in breach of the provisions of s.155 of the Act (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 Friday 28 September 2007 a male volunteer aged 17 years was requested by the Police to enter licensed premises and attempt to purchase liquor. Section 162(5) of the Act provides that such a request may be made to assist with monitoring licensees’ and managers’ compliance with the provisions of the Act and the conditions of licences.

In the premises known as “Hyperdome” the volunteer was able to purchase a bourbon based RTD and a bottle of beer without being asked his age and without being required to provide any form of identification. The sale was made by the duty manager, Mr Kim, who is also the holder of the on-licence.

The grounds for the applications are not in dispute and Mr Kim acknowledges that suspension of his on-licence and manager’s certificate is appropriate. Following discussion with Sergeant Dalziell-Kernohan a resolution has been reached whereby a recommended term of suspension will be imposed by the Authority without the requirement to convene a public hearing.

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

(a) On-licence number 015/ON/209/07, issued to Changjun Kim, is suspended for 24 hours from 7.00 am on Friday 4 January 2008.

(b) General Manager’s Certificate number 015/gm/355/07, issued to Changjun Kim, is suspended for four weeks from Monday 7 January 2008.

DATED at WELLINGTON this 5th day of December 2007

______________________
B M Holmes
Deputy Secretary

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