Lally and Radich v TAJ Liquor Centre Limited and Singh [2008] NZLLA 905 (1 July 2008)

New Zealand Liquor Licensing Authority

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Lally and Radich v TAJ Liquor Centre Limited and Singh [2008] NZLLA 905 (1 July 2008)

Last Updated: 3 February 2010

Decision No. 905-907/2008

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/07/2007 issued to TAJ LIQUOR CENTRE LIMITED in respect of premises situated at Shop 3, 18 Mangere Town Square, Manukau City, known as "Pacific Liquor"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/08/210/2006 issued to PARMINDER SINGH

BETWEEN CHRISTOPHER DAVID LALLY

(Police Officer of Manukau City)

AND PAUL RADICH

(Manukau District Licensing Agency Inspector)

Applicants

AND TAJ LIQUOR CENTRE LIMITED

First respondent

AND PARMINDER SINGH

Second respondent

AND

IN THE MATTER of an application by TAJ LIQUOR CENTRE LIMITED pursuant to s.41 of the Act for renewal of an off-licence in respect of premises situated at Shop 3, 18 Mangere Town Square, Manukau City, known as "Pacific Liquor"

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us applications filed jointly by Constable C D Lally of Counties Manukau Police, and Mr P Radich, Manukau District Licensing Agency Inspector, for suspension of an off-licence held by Taj Liquor Centre Limited in respect of premises situated at Shop 3, Mangere Town Square, Manukau City, known as “Pacific Liquor”, and for suspension of a General Manager’s Certificate held by Parminder Singh.

We are also asked to determine an application for renewal of the licence.

The grounds for the suspension applications are that the premises have been conducted in breach of the provisions 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.

The Police and Agency Inspector oppose renewal of the off-licence for the reasons set out in the enforcement applications.

More particularly it is alleged that on Friday 6 July 2007 a controlled purchase operation was conducted in the Manukau licensing district. A female volunteer, at the time aged 16 years, was requested by the Police to enter “Pacific Liquor” and attempt to purchase liquor. Such a request is made pursuant to s.162(5) of the Act to assist the authorities to monitor compliance with the provisions of the Act and the conditions of licences.

The volunteer selected a 12-pack of ‘Codies’ bourbon and cola and took it to the counter. The sales person conducted the sale without asking the volunteer her age and without requesting any form of identification. The sales person was subsequently identified as the second respondent. He said that he thought the volunteer was of sufficient age to be able to purchase liquor.

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

Following discussions with the Police and Agency Inspector the respondents are willing to accept imposition by the Authority, of recommended terms of suspension, without the requirement to appear before us at a public hearing.

Additionally, the licensee has accepted a recommendation that the off-licence only be renewed for a period of two years. That recommendation is also accepted.

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

(a) Off-licence number 008/OFF/07/2007, issued to Taj Liquor Centre Limited, is suspended for 24 hours from 9.00 am on Friday 4 July 2008.

(b) General Manager’s Certificate number GM/08/210/2006, issued to Parminder Singh, is suspended for one month from 4 July 2008.

We are satisfied as to the matters to which we must have regard as set out in s.45 of the Act. We renew the licence on the existing terms and conditions until 24 January 2010, that being two years from the first anniversary of the licence, and we authorise the issue of a notice of renewal.

DATED at WELLINGTON this 1st day of July 2008

______________________
B M Holmes
Deputy Secretary

Pacific Liquor.doc(ab)