Greenwood v Van Der Hoeven and others [2009] NZLLA 1133 (12 October 2009)

New Zealand Liquor Licensing Authority

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Greenwood v Van Der Hoeven and others [2009] NZLLA 1133 (12 October 2009)

Last Updated: 5 February 2010

Decision No. 1133-136/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications pursuant to s.132 of the Act for suspension of off-licence number 016/OFF/04/05 issued to MICHAEL JAMES VAN DER HOEVEN in respect of premises situated at 85 Jacob Street, Te Awamutu, known as "Magill’s Meats, Wines & Delicatessen"; and off-licence number 016/OFF/02/06 issued to THY MERCHANTS LIMITED in respect of premises situated at 2/30 Raleigh Street, Cambridge, known as "Shakespeare Liquor"

AND

IN THE MATTER of applications pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/016/68/06 issued to STEPHEN WALTER DERBYSHIRE; and General Manager’s Certificate number GM/007/1171/03 issued to JAIDEEP BAJAJ

BETWEEN CHRISTOPHER RON GREENWOOD

(Police Officer of Te Awamutu)

Applicant

AND MICHAEL JAMES VAN DER HOEVEN

THY MERCHANTS LIMITED

First respondents

AND STEPHEN WALTER DERBYSHIRE

JAIDEEP BAJAJ

Second respondents

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us applications by Sergeant C R Greenwood of Te Awamutu Police, dated 21 July 2009, for suspension of two off-licences and two General Managers’ Certificates following a controlled purchase operation conducted in the Waipa licensing district.

The grounds for the applications are: that the premises have been conducted in breach of the provisions of s.155 of the Act (sale of liquor to a person under the age of 18 years); and that each of the managers has failed to conduct the licensed premises in a proper manner.

More particularly it is alleged that on Wednesday 6 May 2009 a male volunteer aged 16 years was requested to enter licensed premises and attempt to purchase liquor. The requests were made in accordance with s.162(5) of the Act in order to monitor compliance with the provisions of the Act and the conditions of the licences.

In both of the premises identified in these applications the volunteer was able to purchase liquor without being challenged as to his age, and without being required to produce any form of identification. In the case of “Shakespeare Liquor” it was the duty manager, Mr Jaideep Bajaj, who made the sale.

The respondents do not dispute the grounds for the applications and following discussion between the respondents and the applicant it has been recommended that periods of suspension may be imposed by the Authority by consent.

The respondents are willing to adopt this course of action.

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

(a) Off-licence number 016/OFF/04/05, issued to Michael James Van Der Hoeven, is suspended 24 hours from 7.00 am on Wednesday 4 November 2009.

(b) Off-licence number 016/OFF/02/06, issued to Thy Merchants Limited, is suspended for 24 hours from 9.00 am on Wednesday 4 November 2009.

(c) General Manager’s Certificate number GM/016/68/06, issued to Stephen Walter Derbyshire, is suspended for two weeks from Wednesday 4 November 2009.

(d) General Manager’s Certificate number GM/007/1171/03, issued to Jaideep Bajaj, is suspended for four weeks from Wednesday 4 November 2009.

DATED at WELLINGTON this 12th day of October 2009

______________________
B M Holmes
Deputy Secretary

Magill’s Meats.doc(ab)