Hibbert v Pludthura [2007] NZLLA 714 (9 August 2007)

Last Updated: 31 January 2010

Decision No.714/2007
715/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of a rehearing pursuant to s.110(3) of an application pursuant to s.132 of the Act for cancellation of off-licence number 006/OFF/98/2006 issued to ANEK PLUDTHURA in respect of premises situated at Shop 8, Kelston Shopping Centre, on the corner of West Coast Road and Great North Road, Kelston, Waitakere City, known as "Wine Villa"

AND

IN THE MATTER of a rehearing pursuant to s.110(3) of the Act of an application pursuant to s.135 of the Act for cancellation of General Manager’s Certificate number 006/46/2000 issued to ANEK PLUDTHURA

BETWEEN VAUGHAN JOSEPH HIBBERT

(Police Officer of Waitakere City)

Applicant

AND ANEK PLUDTHURA

First and Second Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr P M McHaffie

HEARING at AUCKLAND on 24 July 2007

DECISION

In decision number LLA PH 671-672/2007, following a public hearing at Auckland on 24 July last, we made an order for suspension of an off-licence in respect of premises situated in the Waitakere licensing district, and for suspension of a General Manager’s Certificate held by the licensee in respect of those premises.

The orders arose as a result of a controlled purchase operation conducted in the premises on 4 January this year, in which an unlawful sale of liquor was made to an under-age volunteer.

On the basis of the evidence adduced we were satisfied that suspension of the off-licence and manager’s certificate was an appropriate response. We offered the respondent the option of an oral decision at the hearing, or a written judgment within 30 days. The respondent’s agent opted for the latter and we subsequently made orders with suspension periods due to commence on Wednesday 22 August 2007.

Our Secretary has now received a letter advising that the licensee was unfamiliar with some of the technical aspects of the hearing procedure, and would actually have preferred an oral decision in which it might have been possible to negotiate the dates of suspension.

The licensee advises that due to staffing constraints the period of suspension as currently ordered will place undue strain of the operation of the business, and it is requested that the commencement date for both suspension periods be advanced by 10 days, to commence on Sunday 12 August.

We are mindful of the High Court’s enjoinder to the Authority not to be heavy-handed or unreasonable when imposing enforcement orders. On the other hand suspension is designed as a mechanism to send a salutary signal to licensees and managers that they are expected to discharge their obligations and responsibilities in a manner that accords with the object of the Act.

Consistent with our general approach the off-licence suspension included a Thursday, the day of the week upon which the offence had taken place. We are not persuaded that the staffing difficulties described in the request for rehearing make any material difference to the term of suspension of the off-licence, and for that reason we do not intend to make any change in that regard.

In the circumstances we agree to rehear the matter on the papers, pursuant to s.110(3) of the Act, but only to the extent that we will advance the commencement date of suspension of Mr Pludthura’s manager’s certificate. Suspension of the off-licence will proceed as originally ordered.

Having considered the matter we now make the following amended order:

General Manager’s Certificate number GM 006/46/2000, issued to Anek Pludthura, is suspended for one month from Sunday 12 August 2007.

DATED at WELLINGTON this 9th day of August 2007

____________________
B M Holmes
Deputy Secretary

WineVilla2.doc(ab)