Lally and Radich v NIR Holdings Limited and Morar [2008] NZLLA 1252 (2 September 2008)

New Zealand Liquor Licensing Authority

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Lally and Radich v NIR Holdings Limited and Morar [2008] NZLLA 1252 (2 September 2008)

Last Updated: 7 February 2010

Decision No. 1252-1253/2008

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 or cancellation of off-licence number 008/OFF/68/2006 issued to EXPRESS LIQUOR LIMITED, currently being operated under temporary authority issued to NIR HOLDINGS LIMITED, in respect of premises situated at 2 Growers Lane, Mangere, Manukau City, known as "Express Liquor"

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/08/142/2008 issued to ISHWERLAL MORAR

BETWEEN CHRISTOPHER DAVID LALLY

(Police Officer of Manukau)

AND PAUL ANTHONY RADICH

(Manukau District Licensing Agency Inspector)

Applicants

AND NIR HOLDINGS LIMITED

First respondent

AND ISHWERLAL MORAR

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Ms J D Moorhead

DECISION

We have before us joint applications by Constable C D Lally, Manukau Police, and Mr P A Radich, Manukau District Licensing Agency Inspector, for suspension or cancellation of an off-licence in respect of Mangere premises known as “Express Liquor”, and for suspension or cancellation of a General Manager’s Certificate held by Ishwerlal Morar.

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 Friday 18 July 2008, a controlled purchase operation was undertaken in the Manukau 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.

The volunteer entered “Express Liquor” at approximately 12.35 pm and selected two four-packs of Pulse Ice vodka RTDs. He approached the counter and was served by “an Indian male aged between 40-50 years of age”. The salesperson did not ask him for any identification or other proof of age, and completed the purchase.

When Police returned to the store they were able to ascertain that the salesperson had been Ishwerlal Morar, a director of the company holding the temporary authority, and that he was also the manager on duty at the time of the sale.

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 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 applicants we make the following orders:

(a) Off-licence number 008/OFF/68/2006, issued to Express Liquor Limited, currently being operated under temporary authority issued to NIR Holdings Limited, is suspended for two days from 9.00 am on Thursday 2 October 2008.

(b) General Manager’s Certificate number GM/08/142/2008, issued to Ishwerlal Morar, is suspended for one month from Monday 29 September 2008.

DATED at WELLINGTON this 3rd day of September 2008

______________________
B M Holmes
Deputy Secretary