Dalziell-Kernohan v Lee & Choi Limited [2007] NZLLA 739 (15 August 2007)

Last Updated: 1 February 2010

Decision No.739/2007
740/2007

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 015/OFF/51/06 issued to LEE & CHOI LIMITED in respect of premises situated at 42 Powells Road, Fairview Downs, Hamilton, known as "Fairview Downs Superette"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 015/GM/177/06 issued to SOON BEOM LEE

BETWEEN JAMES ROBIN DALZIELL-KERNOHAN

(Police Officer of Hamilton)

Applicant

AND LEE & CHOI LIMITED

First respondent

AND SOON BEOM LEE

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us applications by Sergeant J R Dalziell-Kernohan of Hamilton Police for suspension of an off-licence held by Lee & Choi Limited in respect of premises situated at 42 Powells Road, Fairview Downs, Hamilton, known as “Fairview Downs Superette’, and for suspension of a General Manager’s Certificate held by Soon Beom Lee.

The grounds for the applications are that the premises have been conducted in breach of s.155 of the Act, which creates an offence where liquor is sold or supplied to any person under 18 years of age, and that the manager has failed to conduct the premises in a proper manner.

More particularly it is alleged that during a controlled purchase operated conducted on Friday 1 June 2007, a female volunteer aged 15 years was requested by the Police to enter licensed premises and attempt to buy liquor.

The volunteer was able to purchase a bottle of sparkling wine without being asked her age and without being required to present any form of identification. The sales person was subsequently identified as the second respondent who was the manager on duty at the time.

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

A settlement has been negotiated between the Police and the respondents whereby periods of suspension will be imposed by the Authority by consent, without the requirement for a public hearing.

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

(a) Off-licence number 015/OFF/51/06, issued to Lee & Choi Limited, is suspended for 24 hours from 7.00 am on Friday 14 September 2007.

(b) General Manager’s Certificate number 015/GM/177/06, issued to Soon Beom lee, is suspended for two weeks from Monday 17 September 2007.

DATED at WELLINGTON this 15th day of August 2007

______________________
B M Holmes
Deputy Secretary

FairviewDownsSuperette.doc(ab)