Lovatt v Sandhu Brothers Limited [2008] NZLLA 163 (19 February 2008)

Last Updated: 27 January 2010

Decision No. 163/2008

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 029/OF/021/2005 issued to SANDHU BROTHERS LIMITED in respect of premises situated at 410 Karamu Road North, Hastings known as “Wholesale Liquor”

BETWEEN JOHN HENRY LOVATT

(Hastings District Licensing Agency Inspector)

Applicant

AND SANDHU BROTHERS 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 John Henry Lovatt, Hastings District Licensing Agency Inspector, for suspension of an off-licence following a controlled purchase operation in the Hastings 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.

More particularly it is alleged that on Thursday 6 December 2007, a male volunteer aged 17 years was requested by the Police to enter the licensed premises known as “Wholesale Liquor” and attempt to purchase liquor. The volunteer bought a four pack of vodka ‘Mudshakes’. The sales person completed the transaction without any question as to the volunteer’s age and without any request for identification.
The transaction took place in the presence of the duty manager who said he had been watching a suspicious customer at the time. He accepted that the purchaser should have been required to prove his ability to purchase liquor.

The respondent does not dispute the grounds for the applications, and it is accepted that suspension of the licence is appropriate.

Accordingly, having considered the recommendations from the District Licensing Agency Inspector we will deal with the matter on the papers. We now make the following order:

(a) Off-licence number 029/OF/021/2005, issued to Sandhu Brothers Limited, is suspended for 24 hours from 9.00 am on Thursday 27 March 2008.

DATED at WELLINGTON this 19th day of February 2008

______________________
B M Holmes
Deputy Secretary

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