Burr v Patel and Patel [2008] NZLLA 1206 (26 August 2008)

New Zealand Liquor Licensing Authority

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Burr v Patel and Patel [2008] NZLLA 1206 (26 August 2008)

Last Updated: 6 February 2010

Decision No. 1206-1207/2008

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 042/OFF/4/2006 issued to the partnership of MANU PATEL and PARUBEN PATEL in respect of premises situated at 29 te ore Ore Road, Masterton, known as "Hospital Foodmarket"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/042/22/2006 issued to RAJESHKUMAR SUBHASHCHANDRA PATEL

BETWEEN WARWICK JOHN BURR

(Police Officer of Masterton)

Applicant

AND MANU PATEL and PARUBEN PATEL (trading in partnership)

First respondent

AND RAJESHKUMAR SUBHASHCHANDRA PATEL

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 Senior Sergeant W J Burr of Masterton Police for suspension of an off-licence held by the partnership of Manu Patel and Paruben Patel in respect of premises situated at 29 Te Ore Ore Road, Masterton, known as “Hospital Foodmarket”, and for suspension of a General Manager’s Certificate held by Rajeshkumar Subhashchandra Patel.

The grounds for the applications are that the premises have been conducted in breach of s.155 of the Act, which creates an offence for any person who, being the licensee or a manager of any licensed premises, sells or supplies any liquor, or allows any liquor to be sold or supplied, on or from the licensed premises to any person who is under the age of 18 years, and that the manager has failed to conduct the licensed premises in a proper manner.

More particularly it is alleged that on Friday 3 August 2007, two female volunteers aged 15 years were requested by the Police, pursuant to s.162(5) of the Act, to enter the first respondent’s premises and attempt to purchase liquor.

The volunteers successfully made a purchase without being challenged as to their age, and without having to provide any acceptable document of identification. The unlawful sale was made by the second respondent who was subsequently identified as the manager on duty at the time.

The grounds for the applications are not disputed, and the respondents acknowledge that suspension is appropriate, and likely to be the outcome of any proceedings before the Authority.

Senior Sergeant Burr invited the respondents to consider imposition by the Authority of a recommended term of suspension, by consent, without the requirement to appear before us at a public hearing. This course of action has been accepted, and agreed dates for the suspension were arrived at prior to the confirmation of settlement being received by our Secretary.

Accordingly the suspensions were already under way before the decision was able to be drafted. Our Secretary has confirmed that the terms of suspension have been completed and we now ratify the following orders:

(a) Off-licence number 042/OFF/4/2006, issued to the partnership of Manu Patel and Paruben Patel, was suspended for seven days from Monday 14 July 2008 until Monday 21 July 2008.

(b) General Manager’s Certificate number GM/042/22/2006, issued to Rajeshkumar Subhashchanra Patel, was suspended for 30 days from Monday 14 July 2008.

DATED at WELLINGTON this 26th day of August 2008

______________________
B M Holmes
Deputy Secretary

Hospital Foodmarket.doc(ab)