Suckling v Toyo Kiki Distributors and Hayakawa [2008] NZLLA 580 (23 April 2008)

New Zealand Liquor Licensing Authority

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Suckling v Toyo Kiki Distributors and Hayakawa [2008] NZLLA 580 (23 April 2008)

Last Updated: 30 January 2010

Decision No.580/2008-
581/2008

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/98/02 issued to TOYO KIKI DISTRIBUTORS LIMITED in respect of premises situated at 17 Albert Street, Auckland, known as "Geihinkan and Ichiban"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM 2693/97 issued to YOSHIKO HAYAKAWA

BETWEEN BRIDGET JANE SUCKLING

(Police Officer of Auckland)

Applicant

AND TOYO KIKI DISTRIBUTORS LIMITED

First respondent

AND YOSHIKO HAYAKAWA

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Members: Dr J Horn
Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us applications by Constable B J Suckling for suspension of an off-licence held by Toyo Kiki Distributors Limited in respect of premises situated at 17 Albert Street, Auckland, known as “Geihinkan and Ichiban”, and for suspension of a General Manager’s Certificate held by Yoshiko Hayakawa.

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

(i) Section 155 – sale of liquor to a person under 18 years of age; and
(ii) Section 164 – allowing a minor in a designated area; and
(iii) 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 1 December 2007, during a controlled purchase operation, a male volunteer then aged 16 years and one month was instructed by the Police to enter the licensed premises known as “Geihinkan and Ichiban” and attempt to purchase liquor. The premises are designated as a supervised area.

The volunteer was able to buy a bottle of ‘Lion Red’ beer without being challenged as to his age or being required to produce any form of identification. The sales person does not hold a manager’s certificate. The duty manager was Mr Hayakawa.

Neither of the respondents disputes the grounds for the applications, and they accept that suspension of the off-licence and manager’s certificate is appropriate.

A settlement has been negotiated whereby terms of suspension are to be imposed by the Authority, by consent, without the requirement to convene a public hearing to determine the matters.

Having considered the recommendations from the Police we make the following orders:

(a) Off-licence number 007/OFF/98/02, issued to Toyo Kiki Distributors Limited, is suspended for seven days from 7.00 am on Monday 12 May 2008 until 7.00 am on Monday 19 May 2008.

(b) General Manager’s Certificate number GM 2693/97, issued to Yoshiko Hayakawa, is suspended for three weeks from Monday 12 May 2008.

DATED at WELLINGTON this 23rd day of April 2008

______________________
B M Holmes
Deputy Secretary

Geihinkan & Ichiban.doc(ab)