Sucking v MST Enterprises Plus Limited and Wu [2008] NZLLA 1552 (12 November 2008)

Last Updated: 10 February 2010

Decision No. 1552-1553/2008

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/096/2008 issued to MST
ENTERPRISES PLUS LIMITED in
respect of premises situated at
185 Symonds Street, Newton,
Auckland, known as “Newton
Liquor Store”

AND

IN THE MATTER of an application pursuant to s.135
of the Act for suspension of
General Manager’s Certificate
number GM/007/691/04 issued
to QINGPING WU

BETWEEN BRIDGET JANE SUCKING
(Police Officer of Auckland)

Applicant

AND MST ENTERPRISES PLUS
LIMITED

First respondent

AND QINGPING WU

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 Constable B J Suckling, Auckland Police, for suspension of an off-licence in respect of an Auckland bottle store known as “Newton Liquor Store”, and for suspension of a General Manager’s Certificate held by Qingping Wu.

The grounds of 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 minors
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 Friday 19 September 2008, a controlled purchase operation was undertaken in central Auckland.

Pursuant to s.162(5) of the Act, at the request of Police a 15 year old female volunteer entered the “Newton Liquor Store” at approximately 8.15 pm and selected a bottle of “Scrumpy” cider from the fridge. There were two staff members in the store, one male and one female. The volunteer was served by the female, who did not request identification or other proof of age and completed the sale.

Police entered the store and spoke with the female salesperson, who identified herself as Manli Chen. She was advised that she had sold liquor to a minor, but said that she could not remember having done so as she had just had an argument with her husband.

Mrs Chen is the holder of a current General Manager’s Certificate but it was her husband, Qingping Wu, who was the manager on duty at the time of the sale. Mr Wu was the male staff member that the volunteer had observed in the store.

The respondents have admitted that the sale occurred 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 applicant we make the following orders:

(a) Off-licence number 007/OFF/096/2008, issued to MST Enterprises Plus Limited, is suspended for 24 hours from 8.00 am on Friday 9 January 2009.

(b) General Manager’s Certificate number GM/007/691/04, issued to Qingping Wu, is suspended for 28 days from Monday 12 January 2009.

DATED at WELLINGTON this 12th day of November 2008

______________
B M Holmes
Deputy Secretary