Sims v Dubash Enterprises Limited and Dubash [2008] NZLLA 585 (24 April 2008)

New Zealand Liquor Licensing Authority

[Index] [Search] [Download] [Help]

---

Sims v Dubash Enterprises Limited and Dubash [2008] NZLLA 585 (24 April 2008)

Last Updated: 30 January 2010

Decision No.585/2008-
586/2008

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 008/OFF/21/2007 issued to DUBASH ENTERPRISES LIMITED in respect of premises situated at 224 Bucklands Beach Road, Howick, Manukau City, known as "Bucklands Beach Wines & Spirits"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM 588/98 issued to RUSTOM DUBASH

BETWEEN DARREN SIMS

(Police Officer of Manukau)

AND SANJAY GOUNDER

(Manukau District Licensing Agency Inspector)

Applicants

AND DUBASH ENTERPRISES LIMITED

First respondent

AND RUSTOM DUBASH

Second 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 filed jointly by Constable D Sims of Manukau Police, and Mr S Gounder, Manukau District Licensing Agency Inspector, for suspension of an off-licence held by Dubash Enterprises Limited in respect of premises situated at 224 Bucklands Beach Road, Howick, Manukau City, known as “Bucklands Beach Wines & Spirits”, and for suspension of a General Manager’s Certificate held by Rustom Dubash.

The grounds for the applications are that the premises have been conducted in breach of s.155 of the Act; i.e. the sale of liquor to a person under 18 years of age – and that the manager has failed to conduct the premises in a proper manner.

More particularly it is alleged that on Friday 7 March 2008 a controlled purchase operation was conducted in the premises known as “Bucklands Beach Wines & Spirits”. A male volunteer aged 15 years was requested by Police to enter the licensed premises and attempt to purchase liquor in order to monitor compliance with the requirements of the Act.

The volunteer purchased a 4-pack of ‘Smirnoff Vodka Ice’ without any challenge as to his age, and without any form of identification being requested. The sale was made by the second respondent who was the manager on duty at the time.

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

After discussion with the licensee the applicants have recommended periods of suspension which are considered commensurate with the offence, and have invited the respondents to consider the option of imposition of those sanctions, by the Authority, without the requirement to appear at a public hearing. The respondents have accepted those recommendations.

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

(a) Off-licence number 008/OFF/21/2007, issued to Dubash Enterprises Limited, is suspended for three days from 9.00 am on Wednesday 7 May 2008 until 9.00 am on Saturday 10 May 2008.

(b) General Manager’s Certificate number GM 588/98, issued to Rustom Dubash , is suspended for three weeks from Monday 12 May 2008.

DATED at WELLINGTON this 24th day of April 2008

______________________
B M Holmes
Deputy Secretary

Bucklands Beach W&S.doc(ab)