Whittle v Cornerstone Retail Limited and Min [2008] NZLLA 1076 (6 August 2008)

New Zealand Liquor Licensing Authority

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Whittle v Cornerstone Retail Limited and Min [2008] NZLLA 1076 (6 August 2008)

Last Updated: 4 February 2010

Decision No. 1076-1077/2008

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/059/2007 issued to
CORNERSTONE RETAIL
LIMITED in respect of premises
situated at 18 Shortland Street,
Auckland City, known as
“Shortland Superette”

AND

IN THE MATTER of an application pursuant to
s.135 of the Act for suspension of
General Manager’s Certificate
number GM/007/2296/01 issued
to SO YOUB MIN

BETWEEN GARY SELWYN WHITTLE
(Police Licensing Officer of
Auckland)

Applicant

AND CORNERSTONE RETAIL
LIMITED

First Respondent

AND SO YOUB MIN

Second Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us applications by Mr G S Whittle, Licensing Officer for Auckland Police, for suspension of an off-licence in respect of premises situated in central Auckland, known as “Shortland Superette”, and for suspension of a General Manager’s Certificate held by So Youb Min.

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

More particularly it is alleged that on Saturday 7 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 “Shortland Superette” at approximately 7.50 pm, selected a six-pack of Lion Red beer and approached the counter. The salesperson was So Youb Min, the duty manager and director of the licensee company. Mrs Min did not ask for any identification or other proof of age, and completed the purchase.

When questioned by Police after the sale, Mrs Min stated that she had thought the volunteer was 18 years old.

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

They 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/059/2007, issued to Cornerstone Retail Limited, is suspended for 48 hours from 6.00 am on Saturday 30 August 2008.

(b) General Manager’s Certificate number GM/007/2296/01, issued to So Youb Min, is suspended for 28 days from Monday 1 September 2008.

DATED at WELLINGTON this 6th day of August 2008

______________
B M Holmes
Deputy Secretary