Mortensen and Richardson v Koo [2008] NZLLA 210 (26 February 2008)

Last Updated: 28 February 2010

Decision No.210/2008
-211/2008

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 005/OFF/69/2003 issued to the partnership of YONG HO KOO AND KYONG HEE KOO in respect of premises situated Shop 5, 78-80 Paul Matthews Road, North Shore City known as “North Harbour Wines and Spirits”

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM005/143/2002 issued to YONG HO KOO

BETWEEN SHONTAHL JAYDI MORTENSEN

(Police Officer of North Shore)

AND PETER NORMAN RICHARDSON

(North Shore District Licensing Agency Inspector )

Applicants

AND YONG HO KOO AND KYONG HEE KOO trading in partnership

First respondents

AND YONG HO KOO

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us applications by Constable S J Mortensen of North Shore Police in conjunction with Mr P N Richardson, North Shore District Licensing Agency Inspector for suspension of an off-licence and a General Manager’s Certificate following a controlled purchase operation in the North Shore licensing district.

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 Friday 14 December 2007, a female volunteer aged 17 years was requested by the Police to enter licensed premises known as “North Harbour Wines and Spirits” and attempt to purchase liquor. The volunteer bought a four pack of ‘Kristov Cruiser Ice’ drinks. The sales person completed the transaction without any question as to the volunteer’s age, and without any request for identification.

The sales person was the duty manager and holder of a manager’s certificate.

The respondents do not dispute the grounds for the applications, and it is accepted that suspension of the licence and manager’s certificate is appropriate.

Constable Mortensen and Mr Richardson have invited the respondents to consider the option of imposition by the Authority of a term of suspension, without the requirement to attend a public hearing. That course of action has been adopted.

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

(a) Off-licence number 005/OFF/69/2003, issued to the partnership of Yong Ho Koo and Kyong Hee Koo is suspended for 24 hours from 9.00 am on Friday 28 March 2008.

(b) General Manager’s Certificate number GM005/143/2002, issued to Yong Ho Koo, is suspended for three weeks from Monday 31 March 2008.

DATED at WELLINGTON this 26TH day of February 2008

______________________
B M Holmes
Deputy Secretary NorthHarbourWine&Spirits.doc