Burr v Patel and others [2007] NZLLA 306 (2 April 2007)

Last Updated: 29 January 2010

Decision No. 306/2007 –
307/2007

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 044/OFF/161/2007 issued to the partnership of MANJULA PATEL, ISHWER PATEL, MAHENDRA PATEL and MANISHA PATEL in respect of premises situated at , known as "Chungs Bottle Store"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 044/GM/362/2006 issued to MAHENDRA NARSINHBHAI PATEL

BETWEEN WARWICK JOHN BURR

(Police Officer of Masterton)

Applicant

AND MANJULA PATEL, ISHWER PATEL, MAHENDRA PATEL and MANISHA PATEL, trading in partnership

First respondent

AND MAHENDRA NARSINHBHAI PATEL

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us an application by Senior Sergeant W J Burr of Masterton Police for suspension of an off-licence and a General Manager’s Certificate following a controlled purchase operation conducted in the South Wairarapa licensing district in July last year.

The grounds for the applications are that the premises have been conducted in breach of s.155(1) of the Act, which creates an offence for any licensee or manager who sells or allows the sale of liquor to any person under the age of 18 years, and in breach of the condition of the licence requiring the licensee’s observance of the provisions of the Act in relation to liquor sales to prohibited persons. It is further contended that the manager has failed to conduct the premises in a proper manner.

More particularly it is alleged that on Friday 28 July 2006, a male volunteer aged 16 years was requested by the Police to enter licensed premises and attempt to purchase liquor. Section 162(5) of the Act provides for this procedure to assist the Police and District Licensing Agency staff to monitor licensees’ compliance with the provisions of the Act and the conditions of licences.

The volunteer selected two four-packs of Woodstock bourbon, a spirit-based ready mixed (RTD) drink of a type popular with younger persons. The sales person, who was subsequently identified as the manager for the time being on duty, asked the volunteer his age and the response was 18 years.

However, the manager did not require the volunteer to provide any form of identification to substantiate his answer. When questioned by the Police the manager acknowledged that he should have insisted on production of a document of identity.

The grounds for the applications are not in dispute and the respondents accept that suspension of the off-licence and manager’s certificate is appropriate.

A settlement has been negotiated between the applicant and the respondents with the result that a period of suspension will be imposed by the Authority, by consent, without the requirement to convene a public hearing.

Having considered the recommendations from Senior Sergeant Burr, we make the following orders:

(a) Off-licence number 044/OFF/161/2007, issued to the partnership of Manjula Patel, Ishwer Patel, Mahendra Patel and Manisha Patel, is suspended for 24 hours from 8.00 am on Friday 20 April 2007.

(b) General Manager’s Certificate number 044/GM/362/2006, issued to Mahendra Narsinhbhai Patel, is suspended for 30 days from Monday 16 April 2007.

DATED at WELLINGTON this 2nd day of April 2007

______________________
B M Holmes
Deputy Secretary

Chungs Bottle Store.doc(ab)