Chenery and Richardson v S & G International Limited and Singh [2009] NZLLA 100 (17 February 2009)

New Zealand Liquor Licensing Authority

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Chenery and Richardson v S & G International Limited and Singh [2009] NZLLA 100 (17 February 2009)

Last Updated: 26 January 2010

Decision No. 100/2009 - 101/2009

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
005/OFF/26/2007 issued to S & G
INTERNATIONAL LIMITED in
respect of premises situated at 19
Shakespeare Road, Milford, North
Shore City, known as “Milford
Cellar Select”

AND

IN THE MATTER of an application pursuant to s.135
of the Act for suspension of
General Manager’s Certificate
number GM/005/365/2007 issued
to HARMINDER SINGH

BETWEEN SHONTAHL JAYDI CHENERY
(Police Officer of North Shore)

AND PETER NORMAN RICHARDSON
(North Shore District Licensing
Agency Inspector)

Applicants

AND S & G INTERNATIONAL
LIMITED

First respondent

AND HARMINDER SINGH

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

The Authority has received joint applications by Constable S J Chenery, North Shore Police, and Mr P N Richardson, North Shore District Licensing Agency Inspector, for suspension of an off-licence in respect of premises known as “Milford Cellar Select”, and for suspension of a General Manager’s Certificate issued to Harminder Singh. Mr Singh is one of the directors of the company that holds the off-licence for “Milford Cellar Select”.

The grounds of the applications are that the licensed premises have been conducted in breach of s.155 of the Act, by the sale or supply of liquor to a minor, and that the manager has failed to conduct the licensed premises in a proper manner.

More particularly it is alleged that on Wednesday 21 January 2009, a controlled purchase operation was undertaken in North Shore City. Pursuant to s.162(5) of the Act, at the request of Police, a 15 year old female volunteer entered licensed premises and attempted to purchase liquor.

The volunteer entered “Milford Cellar Select” at approximately 12.20 pm, and a plain-clothes Police officer remained outside to observe. The volunteer selected a bottle of “Lindauer” sparkling wine and took it to the counter. She handed a $20 note to the salesperson and was given $5 change. At no time was she requested to produce identification or other proof of age, and the sale was completed.

The volunteer returned to the Police officer outside and provided a statement. She gave a description of the man that had served her.

Shortly after the sale, Constable Chenery and Mr Richardson visited the premises and spoke with a man who matched the description given by the volunteer. He was shown a photo of the volunteer and initially acknowledged that he recognised her and that he had sold alcohol to her. Once it was explained to him that the girl in the photo was 15 years old, the man denied selling alcohol to her or having seen her before.

The man was identified as Manpreet Singh. He explained that he only works in the TAB area of the premises and does not work in the liquor store. The TAB and liquor store have separate tills that are located near each other, behind the same counter.

Manpreet Singh located Harminder Singh, the duty manager. Harminder Singh came out from the back of the premises. He denied that the sale had taken place, however Police ascertained that he had not been present at the time.

Mr Richardson asked if security footage of the sale could be viewed to clarify what had occurred, but was advised that the camera was not working. He then requested the records of the till transaction, and was told that the till was not working properly either.

The sale was repeatedly denied by both men. Harminder Singh was given the opportunity to make a statement. He advised that he would like to speak with his lawyer first and Constable Chenery said that he could do so and provide a statement at a later date.

The following morning, Constable Chenery spoke with Harminder Singh on the phone. Mr Singh said that after she and Mr Richardson had left the store, Manpreet Singh admitted that he had made the sale. He advised that he had denied it because he was scared that Harminder Singh would get into trouble. It was confirmed that Manpreet Singh was employed solely to work in the TAB area and not the liquor store and that he had no knowledge or training in the Sale of Liquor Act 1989.

The respondents have admitted that the sale occurred and they acknowledge that suspension of the licence and manager’s certificate is appropriate.

As they have indicated willingness to accept recommended terms of suspension of the licence and manager’s certificate, there is no requirement for them to appear before the Authority at a public hearing.

Accordingly, having considered the recommendations from the applicants we make the following orders:

(a) Off-licence number 005/OFF/26/2007, issued to S & G International Limited, is suspended for 24 hours from 9.00 am on Wednesday 18 March 2009.

(b) General Manager’s Certificate number GM/005/365/2007, issued to Harminder Singh, is suspended for four weeks from Monday 6 April 2009.

DATED at WELLINGTON this 17th day of February 2009

______________
B M Holmes
Deputy Secretary