Law v Ha and others [2007] NZLLA 177 (2 March 2009)

Last Updated: 28 January 2010

Decision No. 177/2007 –
183/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications pursuant to s.132 of the Act for suspension of off-licence number 004/OFF/1/2000 issued to the partnership of DONG SU HA and SOON AE HA in respect of premises situated at 302 Hibiscus Coast Highway, Orewa, known as "Orewa Wine Cellars"; and off-licence number 004/OFF/035/05 issued to PARKER FOODS & WINES LIMITED in respect of premises situated at 1441 State Highway 17, Dairy Flat, known as "Dairy Flat Liquor"; and off-licence number 004/OFF/011/06 issued to HONG YU LI in respect of premises situated at 580 Whangaparaoa Road, Stanmore Bay, known as "Peninsula Superette"; and off-licence number 004/OFF/035/02 issued to TRUE LIFE COMPANY LIMITED in respect of premises situated at 1/158 Harbour Village Drive, Gulf Harbour, Whangaparaoa, known as "Marina Superette"

AND

IN THE MATTER of applications pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/7429/05 issued to VISHAL RAMANLAL PATEL; and General Manager’s Certificate number GM/7118/04 issued to HONG YU LI; and General Manager’s Certificate number GM/13546/06 issued to EUN JOO KIM

BETWEEN BRYCE ROBERT LAW

(Police Officer of North Shore)

Applicant

AND DONG SU HA and SOON AE HA (trading in partnership)

PARKER FOODS & WINES LIMITED

HONG YU LI

TRUE LIFE COMPANY LIMITED

First respondents

AND VISHAN RAMANLAL PATEL

HONG YU LI

EUN JOO KIM

Second respondents

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Ms P A Ballard

DECISION

We have before us applications by Sergeant B R Law of North Shore Police for suspension of four off-licences and three manager’s certificates. The applications stem from a controlled purchase operation conducted in the Rodney licensing district in January of this year.

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

(i) Section 155(1) – Sale of liquor to a minor:
(ii) Section 164 – Allowing a minor to enter or remain in a supervised area:
(iii) Section 165 – Unauthorised sale:
(iv) Section 172A – failure to comply with s.115 (manager to be on duty);

and that the managers have failed to conduct the licensed premises in a proper manner.

More particularly it is alleged that on Wednesday 24 January 2007, a male volunteer, at the time aged 16 years and three months, was requested by the Police to enter various licensed premises and attempt to purchase liquor. Such requests are authorised by s.162(5) of the Act as an aid to ensure compliance with the provisions of the Act and the conditions of liquor licences.

The volunteer was able to purchase liquor in every instance. In none of the premises identified in these applications was he challenged as to his age, nor was he required to provide any form of identification.

We feel bound to comment that although the controlled purchase operation is now a well tried mechanism in the ongoing quest to ensure that licensees and managers are aware of their responsibilities and obligations, the failure rate when they are put to the test is alarmingly high.

The media publicity which ensues after exercises of this sort have been put before the Authority should sound warning bells to all who are involved in the sale and supply of liquor, but regrettably the message is still not getting through.

The respondents in these applications do not dispute the grounds and they accept that the facts are established. They have acknowledged that suspension of the licences and certificates is an appropriate sanction.

Following discussions with Sergeant Law, recommended terms of suspension have been negotiated. The respondents have agreed to accept imposition of periods of suspension by consent, without the requirement to appear before the Authority at a public hearing.

Having considered the recommendations from the Police we deal with the matters on the papers, and we make the following orders:

(a) Off-licence number 004/OFF/1/2000, issued to the partnership of Dong Su Ha and Soon Ae Ha, is suspended for two days from 9.30 am on Tuesday 27 March 2007 until 9.30 am on Thursday 29 March 2007.

(b) Off-licence number 004/OFF/035/05, issued to Parker Foods & Wines Limited, is suspended for 24 hours from 7.30 am on Wednesday 28 March 2007.

(c) Off-licence number 004/OFF/011/06, issued to Hong Yu Li, is suspended for three days from 7.00 am on Monday 26 March 2007 until 7.00 am on Thursday 29 March 2007.

(d) Off-licence number 004/OFF/035/02, issued to True Life Company Limited, is suspended for three days from 7.00 am on Monday 26 March 2007 until 7.00 am on Thursday 29 March 2007.

(e) General Manager’s Certificate number GM/7429/05, issued to Vishal Ramanlal Patel, is suspended for four weeks from Monday 26 March 2007.

(f) General Manager’s Certificate number GM/7118/04, issued to Hong Yu Li, is suspended for four weeks from Monday 26 March 2007.

(g) General Manager’s Certificate number GM/13546/06, issued to Eun Joo Kim, is suspended for four weeks from Monday 26 March 2007.

DATED at WELLINGTON this 2nd day of March 2007

______________________
B M Holmes
Deputy Secretary

Rodney CPO.doc(ab)