Yang v Produit Limited and Newton [2007] NZLLA 1282 (11 December 2007)

Last Updated: 29 January 2012

Decision No. 1282-1283/2007

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 007/OFF/006/2005 issued to PRODUIT LIMITED in respect of premises situated at 153 Ocean View Road, Waiheke island, known as "Greenhills"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM 061/2007 issued to PERRY ALAN NEWTON

BETWEEN CHONGYUN YANG

(Police Officer of Auckland)

Applicant

AND PRODUIT LIMITED

First respondent

AND PERRY ALAN NEWTON

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Ms J D Moorhead

DECISION

We have before us applications by Constable C Yang of Auckland Police for suspension of an off-licence held by Produit Limited in respect of premises situated at 153 Ocean View Road, Waiheke Island, known as “Greenhills”, and for suspension of a General Manager’s Certificate held by Perry Alan Newton.

The grounds for the applications are that the premises have been conducted in breach of the provisions of the following sections of the Act:

Section 155(1) – sale of liquor to person under 18 years of age; and
Section 164 – permitting a minor to be in a supervised area; and
Section 165 – unauthorised sale or supply; and
Section 172A – licensee’s offences in respect of a manager:–
(c) non-compliance with s.130 – notification of appointment.

Further grounds for the applications are: that the premises have been conducted in breach of the condition of the off-licence requiring the licensee to ensure that the provisions of the Act in relation to the sale of liquor to prohibited persons are observed; and that the conduct of the manager has been such as to show that he is not a suitable person to hold the certificate.

More particularly it is alleged that on Friday 6 July this year, during a controlled purchase operation, a female volunteer aged 15 years and seven months was requested by the Police to enter licensed premises and attempt to purchase liquor.

At “Greenhills”, which is designated as a supervised area in its entirety, a bottle of wine was selected by the volunteer and taken to the counter. The sale was made without the staff member inquiring as to the volunteer’s age, and without making any request for identification.

The sales person, who was the only staff member present, was identified as the second respondent. When spoken to he stated that he had been a duty manager in the premises for about four months. Subsequent inquiries revealed that the licensee had given no notification of the managerial appointment as required by s.130 of the Act.

The respondents do not dispute the grounds for the applications. Following discussions with the respondents the Police have recommended to them that terms of suspension be imposed by the Authority, by consent, without recourse to a public hearing. That recommendation has been accepted.

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

(a) Off-licence number 007/OFF/006/2005, issued to Produit Limited, is suspended for 24 hours from 9.00 am on Friday 1 February 2008.

(b) General Manager’s Certificate number GM 061/2007, issued to Perry Alan Newton, is suspended for 28 days from 7 January 2008.

DATED at WELLINGTON this 11th day of December 2007

______________________
B M Holmes
Deputy Secretary

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