Loye v S & R Prema Limited and Prema [2008] NZLLA 1432 (10 October 2008)

New Zealand Liquor Licensing Authority

[Index] [Search] [Download] [Help]

---

Loye v S & R Prema Limited and Prema [2008] NZLLA 1432 (10 October 2008)

Last Updated: 9 February 2010

Decision No. 1432/2008
1433/2008

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/009/2006 issued to S &
R PREMA LIMITED in respect of
premises situated at 63
Williamson Avenue, Grey Lynn,
Auckland, known as “Williamson
Avenue Superette”

AND

IN THE MATTER of an application pursuant to
s.135 of the Act for suspension of
General Manager’s Certificate
number GM/007/337/06 issued to
SHANTILAL PREMA

BETWEEN JASON PETER LOYE
(Police Officer of Avondale)

Applicant

AND S & R PREMA LIMITED

First respondent

AND SHANTILAL PREMA

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

The Authority has received applications by Sergeant J P Loye of Avondale Police for suspension of an off-licence in respect of Grey Lynn grocery premises known as “Williamson Avenue Superette”, and for suspension of a General Manager’s Certificate held by one of the directors of the licensee company, Shantilal Prema.

The grounds for the applications are that the licensed premises have been conducted in breach of the following provisions of the Act:

Section 155 – Sale or supply of liquor to a minor
Section 165 – Unauthorised sale or supply

and that the manager has failed to conduct the licensed premises in a proper manner.

More particularly it is alleged that on Saturday 1 December 2007, a controlled purchase operation was undertaken in the Auckland suburb of Grey Lynn. Pursuant to s.162(5) of the Act, at the request of Police a 15 year old male volunteer entered licensed premises and attempted to purchase liquor.

The volunteer entered the “Williamson Avenue Superette” at approximately 7.20 pm and was greeted by the male salesperson standing behind the counter. The volunteer went to the rear of the store where the liquor was situated and selected a single bottle of “Export Gold” beer. He returned to the counter at the front of the store, where the salesperson told him how much the beer cost but did not ask for identification or other proof of age and completed the purchase.

The volunteer left the store and reported back to the attending Police officer. Police entered the store and identified the salesperson as Shantilal Prema, co-director of the licensee company. Although Mr Prema is the holder of a General Manager’s Certificate, his wife’s name was displayed as duty manager and she was not in the premises at the time of the sale.

When asked about the sale, Mr Prema explained that his store policy was to request identification from customers who looked to be under 25 years of age, but that he thought the volunteer looked 28 years old.

The enforcement proceedings in this case have taken some time to be resolved. Initially it was thought that Mr Prema, on behalf of both respondents, intended to deal with the applications by coming to an agreement with the applicant, but this was not the case. Accordingly the applications were set down to be called at a public hearing of the Authority. Mr Prema made it clear that he did not want to attend a hearing and subsequently, with assistance from his agent, came to an agreement with Sergeant Loye. The respondents have now acknowledged that suspension of the licence and manager’s certificate is appropriate.

The respondents have indicated willingness to accept recommended terms of suspension 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/009/2006, issued to S & R Prema Limited, is suspended for 24 hours from 7.00 am on Saturday 1 November 2008.

(b) General Manager’s Certificate number GM/007/337/06, issued to Shantilal Prema, is suspended for 28 days from Monday 3 November 2008.

DATED at WELLINGTON this 10th day of October 2008

______________
B M Holmes
Deputy Secretary