Dalziell-Kernohan v Sai Superette Limited [2008] NZLLA 145 (18 February 2008)

New Zealand Liquor Licensing Authority

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Dalziell-Kernohan v Sai Superette Limited [2008] NZLLA 145 (18 February 2008)

Last Updated: 27 January 2010

Decision No. 145/2008

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 015/OFF/47/06 issued to SAI SUPERETTE LIMITED in respect of premises situated at 276 Cambridge Road, Hamilton, known as “Sai Superette”

BETWEEN JAMES ROBIN DALZIELL-KERNOHAN

(Police Officer of Hamilton)

Applicant

AND SAI SUPERETTE LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us an application by Sergeant J R Dalziell-Kernohan of Hamilton Police for suspension of an off-licence following a controlled purchase operation in the Hamilton area.

The grounds for the applications are that: the premises have been conducted in breach of the provisions of s.155 of the Act; i.e. sale of liquor to a person under 18 years of age; and the manager has failed to conduct the licensed premises in a proper manner.

More particularly it is alleged that on Tuesday 18 September 2007, a female volunteer aged 16 years was requested by the Police to enter licensed premises known as “Sai Superette” and attempt to purchase liquor. The volunteer bought a bottle of ‘Scrumps’ cider. The sales person completed the transaction without any question as to the volunteer’s age and without any request for identification. The volunteer then asked for a receipt for the sale, at which point the sales person took back the bottle of cider and returned the money for the purchase to the volunteer.

The sales person was the holder of a manager’s certificate. He has disputed the grounds for the application but has, at invitation from Sergeant Kernohan, agreed to the suspension of the off-licence, without the requirement to attend a public hearing. That course of action has been adopted.

Accordingly, having considered the recommendations from the Police we will deal with the matters on the papers. We now make the following orders:

(a) Off-licence number 015/OFF/47/06, issued to Sai Superette Limited, is suspended for 24 hours from 7.00 am on Tuesday 18 March 2008.

DATED at WELLINGTON this 18th day of February 2008

______________________
B M Holmes
Deputy Secretary

SaiSuperette.doc