Loye v Hemi Enterprise Limited [2008] NZLLA 423 (13 March 2008)

Last Updated: 7 April 2010

Decision No. PH 423/2008-
PH 424/2008

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/169/2006 issued to HEMI ENTERPRISE LIMITED in respect of premises situated at 104-106 Dominion Road, Mt Eden, Auckland, known as "Eden Height Liquor"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/007/501/07 issued to MALAY ANILBHAI PATELL

BETWEEN JASON PETER LOYE

(Police Officer of Avondale

Applicant

AND HEMI ENTERPRISE LIMITED

First respondent

AND MALAY ANILBHAI PATELL

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr P M McHaffie

DECISION

We have before us applications by Sergeant J P Loye of Avondale Police for suspension of an off-licence held by Hemi Enterprise Limited in respect of premises situated at 104-106 Dominion Road, Mt Eden, Auckland, known as “Eden Height Liquor”, and for suspension of a General Manager’s Certificate held by Malay Anilbhai Patell.

The grounds for the suspension applications are that the premises have been conducted in breach of the provisions of the following sections of the Act:

(a) Section 155 – sale of liquor to a person under 18 years of age; and
(b) Section 164 – allowing a person under 18 years of age to enter or remain in a supervised area; and
(c) Section 165 – unauthorised sale or supply;

and that the manager has failed to conduct the premises in a proper manner.

More particularly it is alleged that on Saturday 2 June 2007 a controlled purchase operation was conducted in the Auckland licensing district pursuant to s.162(5) of the Act to monitor performance of operators of licensed premises. A female volunteer, at the time aged 16 years and 10 months, was requested by the Police to enter the premises known as “Eden Height Liquor” and attempt to purchase liquor.

The volunteer selected a 4-pack of ‘Pulse’, a spirit-based ready mixed beverage (RTD) and took it to the counter. The sales person conducted the transaction without challenging the volunteer as to her age, and without any request for identification being made. The whole of the premises is designated as a supervised area.

The sale was made by the second respondent, who was subsequently identified as the duty manager. He stated that he thought the volunteer looked old enough to buy liquor.

The respondents do not dispute the grounds for the applications and they acknowledge that suspension of the off-licence and manager’s certificate is appropriate. They have indicated their willingness to undergo imposition of recommended periods of suspension without the requirement to appear before the Authority at a public hearing.

Having considered Sergeant Loye’s recommendation we will deal with the matters on the papers and we make the following orders:

(a) Off-licence number 007/OFF/169/2006, issued to Hemi Enterprise Limited, is suspended for 24 hours from 9.00 am on Saturday 12 April 2008.

(b) General Manager’s Certificate number GM007/501/07, issued to Malay Anilbhai Patell, is suspended for one month from Monday 14 April 2008.

DATED at WELLINGTON this 13TH day of March 2008

______________________
B M Holmes
Deputy Secretary

Eden Height Liquor.doc(ab)