Brown v He Hong Services Limited [2008] NZLLA 1475 (29 October 2008)

New Zealand Liquor Licensing Authority

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Brown v He Hong Services Limited [2008] NZLLA 1475 (29 October 2008)

Last Updated: 10 February 2010

Decision No. 1475/2008

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/127/2008 issued to HE
HONG SERVICES LIMITED in
respect of premises situated at 10
Queens Road, Panmure,
Auckland, known as “Panmure
Liquor”

BETWEEN STEPHEN ROGER BROWN
(Police Officer of Greenlane)

Applicant

AND HE HONG SERVICES LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Dr J Horn

DECISION

We have before us an application by Constable S R Brown, Greenlane Police, for suspension of an off-licence in respect of an Auckland bottle store, known as “Panmure Liquor”.

The ground for the application is that the licensed premises have been conducted in breach of s.155 of the Act, for sale or supply of liquor to a minor.

More particularly it is alleged that on Thursday 5 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 14 year old male volunteer entered licensed premises and attempted to purchase liquor.

He entered “Panmure Liquor” at approximately 8.00 pm, selected a four-pack of Jack Daniel’s whiskey RTDs and approached the counter. The salesperson was Xuming He. Mr He did not ask for any identification or other proof of age, and completed the purchase.

When questioned by Police after the sale, Mr He stated that he had thought the volunteer was at least 25 years old. He advised that he was the temporary manager for the premises, although no s.130 notification of the appointment had been made. It was also discovered that Mr He is the sole director and shareholder of He Hong Services Limited, the holder of the licence.

The respondent does not dispute the grounds of the application, and acknowledges that suspension of the licence is appropriate.

The respondent has indicated willingness to accept a recommended term of suspension of the licence, 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 order:

(a) Off-licence number 007/OFF/127/2008, issued to He Hong Services Limited, is suspended for 48 hours from 8.00 am on Wednesday 3 December 2008.

DATED at WELLINGTON this 29th day of October 2008

______________
B M Holmes
Deputy Secretary