Brown v Auckland Liquor Limited and Chen [2008] NZLLA 1067 (6 August 2008)

New Zealand Liquor Licensing Authority

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Brown v Auckland Liquor Limited and Chen [2008] NZLLA 1067 (6 August 2008)

Last Updated: 4 February 2010

Decision No. 1067-1068/2008

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
007/OFF/182/2007 issued to
AUCKLAND LIQUOR LIMITED
in respect of premises situated at
Shop 3, 154 Allum Street,
Kohimarama, Auckland, known as
“Discount Liquor Store”

AND

IN THE MATTER of an application pursuant to
s.135 of the Act for suspension or
cancellation of General
Manager’s Certificate number
GM/007/781/06 issued to
WENCHU (JIMMY) CHEN

BETWEEN STEPHEN ROGER BROWN
(Police Officer of Greenlane)

Applicant

AND AUCKLAND LIQUOR LIMITED

First Respondent

AND WENCHU (JIMMY) CHEN

Second Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us applications by Constable S R Brown, Greenlane Police, for suspension of an off-licence in respect of premises situated in Kohimarama, Auckland, known as “Discount Liquor Store”, and for suspension of a General Manager’s Certificate held by Wenchu (Jimmy) Chen.

The grounds for the applications are that the licensed premises have been conducted in breach of s.115 of the Act by selling or supplying liquor to a minor, and that the manager has failed to conduct the premises in a proper manner.

More particularly it is alleged that on Thursday 5 June 2008, a controlled purchase operation was undertaken in the Auckland area. Pursuant to s.162(5) of the Act, at the request of Police a 16 year old male volunteer entered licensed premises and attempted to purchase liquor.

He entered “Discount Liquor Store” at approximately 8.15 pm, selected a six-pack of Export Gold beer and approached the counter where Lixia Chen was the salesperson. Mrs Chen did not ask for any identification or other proof of age, and completed the purchase.

When questioned by Police after the sale, Mrs Chen was unable to identify the volunteer from the photo provided. Wenchu (Jimmy) Chen was the manager on duty at the time, and accepted that any sale conducted while he was on duty was ultimately his responsibility.

In decision LLA 917-922/2006, the off-licence for “Discount Liquor Store” (which was being operated under temporary authority by Auckland Liquor Limited) was suspended for 24 hours, and Mr Chen’s manager’s certificate was suspended for two weeks, as a result of a failure in a similar operation conducted by Police in September that year.

The respondents do not dispute the grounds of the applications, and acknowledge that suspension of the licence and manager’s certificate is appropriate.

The respondents have indicated their willingness to accept recommended terms of suspension of the licence and manager’s certificate, to be imposed by the Authority without the requirement to appear before us at a public hearing.

Accordingly, having considered the recommendations from the applicant we make the following orders:

(a) Off-licence number 007/OFF/182/2007, issued to Auckland Liquor Limited, is suspended for 4 days from 8.00 am on Tuesday 9 September 2008.

(b) General Manager’s Certificate number GM/007/781/06, issued to Wenchu (Jimmy) Chen, is suspended for four weeks from Monday 15 September 2008.

DATED at WELLINGTON this 6th day of August 2008

______________
B M Holmes
Deputy Secretary