Law v Singh [2007] NZLLA 1297 (11 December 2007)

Last Updated: 29 January 2012

Decision No. 1297-1298/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/005/54/2000 issued to JASWINDER KAUR SINGH

BETWEEN BRYCE ROBERT LAW

(Police Officer of Auckland)

Applicant

AND JASWINDER KAUR SINGH

Respondent

AND

IN THE MATTER of an application by JASWINDER KAUR SINGH pursuant to s.123 of the Act for renewal of a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us an application by Sergeant B R Law of Auckland Police for suspension of a General Manager’s Certificate held by Jaswinder Kaur Singh.

We are also asked to determine an application to renew the certificate.

The grounds for the suspension application are that on Thursday 18 January 2007 a controlled purchase operation was conducted in the North Shore Licensing District. Sergeant Law, who was at the time the liquor licensing officer for the North Shore Police district undertook the operation in conjunction with an Inspector from the North Shore District Licensing Agency. The operation was conducted to monitor compliance by licensees with the provisions of the Act and the conditions of licences, and involved the assistance of an under age volunteer who was requested, pursuant to s.162(5) of the Act, to enter various licensed premises and attempt to purchase liquor.

More particularly it is alleged that a male volunteer, at the time aged 16 years and three months, entered premises known as “Albany Central Liquor”. The volunteer selected two four-packs of bourbon-based ready mixed beverages (RTDs), which he took to the counter.

The sales person asked the volunteer if he had any identification, which he hadn’t; whether he was accompanied, which he wasn’t; why he did not have any identification (he had left it at home); and requested his date of birth, which he gave as representing him to be over 18 years of age.

The sales person, who was subsequently identified as the respondent and duty manager, completed the sale. When spoken to by the Police she said that she had done so on the basis of the date of birth given to her by the volunteer. She gave as her reason the fact that a previous customer had become aggressive when she had demanded identification.

Having taken all the precautions described above, and having been unable to satisfy herself beyond doubt that the purchaser was lawfully entitled to purchase alcohol, we feel bound to say that the outcome is disappointing. The message, which it seems is still slow to permeate, is that if there is any doubt, and there is no presentation of a suitable document of identity, the sale must be refused.

It is not the first time that these premises have failed the test in this way, when the respondent was the duty manager, although in the earlier incident the sale was made by a staff member without her knowledge and, in the event, an enforcement order was made in respect of the off-licence rather than the manager’s certificate.

The respondent does not dispute the grounds for the application, and she acknowledges that suspension of her manager’s certificate will be the likely outcome of any proceedings before the Authority. In the circumstances Ms Singh has accepted a recommendation that a term of suspension be imposed by the Authority, by consent, without the requirement to attend a public hearing. In return the Police have indicated that they do not intend to pursue their opposition to renewal.

Accordingly, having considered the recommendation from Sergeant Law, we now make the following order:

General Manager’s Certificate number GM/005/30/2006, issued to Jaswinder Kaur Singh, is suspended for six weeks from 1 January 2008.

We are satisfied as to the matters to which we must have regard in s.126 of the Act and we renew the certificate until 19 May 2010. A notice of renewal is attached to this decision.

DATED at WELLINGTON this 11th of December 2007

_____________________
B M Holmes
Deputy Secretary

JaswinderKaurSingh.doc(ab)