Paterson v Ha [2008] NZLLA 425 (13 March 2008)

Last Updated: 7 April 2010

Decision No. PH 425/2008-
PH 426/2008

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 004/OFF/002/2004 issued to the partnership of DONG SU HA and SOON AE HA in respect of premises situated at 302 Hibiscus Coast Highway, State Highway 1, Orewa, known as "Orewa Wine Cellars"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM 2424/99 issued to DONG SU HA

BETWEEN NICOLA ROBYN PATERSON

(Police Officer of Orewa)

Applicant

AND DONG SU HA and SOON AE HA (trading in partnership)

First respondent

AND DONG SU HA

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Ms J D Moorhead

DECISION

We have before us applications by Constable N R Paterson of Orewa Police for suspension of an off-licence held by the partnership of Dong Du Ha and Soon Ae Ha in respect of premises situated at 302 Hibiscus Coast Highway, State Highway 1, Orewa, known as “Orewa Wine Cellars”, and for suspension of a General Manager’s Certificate held by Dong Su Ha.

The grounds for the 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 that the manager has failed to conduct the premises in a proper manner.

More particularly it is alleged that on Friday 14 December 2007 a controlled purchase operation was conducted in the Rodney licensing district. A female volunteer, at the time aged 17 years and six months, was requested by the Police to enter the first respondent's premises and attempt to purchase liquor. The request was made pursuant to s.162(5) of the Act in order to monitor compliance with the requirements of the Act and the conditions of the licence.

The volunteer purchased a 4-pack of ‘Woodstock’ bourbon and cola without being asked her age, and without being required to produce any form of identification. It is noted that the premises are designated supervised in their entirety.

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 are prepared to accept imposition of recommended periods of suspension without the requirement to appear before the Authority at a public hearing.

Having considered the recommendations from Constable Paterson we will deal with the matters on the papers and we make the following orders:

(a) Off-licence number 004/OFF/002/2004, issued to the partnership of Dong Su Ha and Soon Ae Ha, is suspended for 24 hours from 9.30 am on Friday 4 April 2008.

(b) General Manager’s Certificate number GM 2424/99, issued to Dong Su Ha, is suspended for three weeks from Monday 31 March 2008.

DATED at WELLINGTON this 13TH day of March 2008

______________________
B M Holmes
Deputy Secretary

OrewaWineCellars.doc(ab)