Dalziell-Kernohan v Damask Holdings Limited and Rathod [2007] NZLLA 288 (2 April 2007)

Last Updated: 28 January 2010

Decision No. 288/2007 –
289/2007

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 -licence number 015/OFF/40/06 issued to DAMASK HOLDINGS LIMITED in respect of premises situated at 21/B Hukanui Road, Hamilton, known as "Davies Corner Foodmarket"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of Manager’s Certificate number 015/GM/175/06 issued to SEJAL SHAILENDRA RATHOD

BETWEEN JAMES ROBIN DALZIELL-KERNOHAN

(Police Officer of Hamilton)

Applicant

AND DAMASK HOLDINGS LIMITED

First respondent

AND SEJAL SHAILENDRA RATHOD

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us applications by Senior Constable J R Dalziell-Kernohan of Hamilton Police for suspension of an off-licence held by Damask Holdings Limited in respect of premises at 21/B Hukanui Road, Hamilton, known as “Davies Corner Foodmarket”, and for suspension of a General Manager’s Certificate held by Sejal Shailendra Rathod.

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

More particularly it is alleged that on Thursday 21 December 2006, a female volunteer aged 17 years was requested by the Police, in accordance with s.162(5) of the Act, to enter licensed premises and attempt to purchase liquor. That section provides for such requests to assist the monitoring agencies to ensure licensees’ compliance with the provisions of the Act and the conditions of their licences.

The volunteer selected a bottle of sparkling wine and paid for it. The sales person did not ask the volunteer her age, and did not request the production of any form of identification.

The respondents do not dispute the grounds for the applications and they accept that suspension of the off-licence and manager’s certificate is appropriate. The applicant has suggested to the respondents that they may wish to consider having a recommended period of suspension imposed by the Authority without the requirement to appear at a public hearing. The respondents are willing to accept that recommendation.

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

(a) Off-licence number 015/OFF/40/06, issued to Damask Holdings Limited, is suspended for 24 hours from 9.00 am on Friday 20 April 2007.

(b) General Manager’s Certificate number 015/GM/175/06, issued to Sejal Shailendra Rathod, is suspended for two weeks from Monday 23 April 2007.

DATED at WELLINGTON this 2nd day of April 2007

______________________
B M Holmes
Deputy Secretary

Davies Corner Foodmarket.doc(ab)