Pillay and Gounder v Vivi Enterprises Limited (in rec) [2009] NZLLA 1212 (23 October 2009)

New Zealand Liquor Licensing Authority

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Pillay and Gounder v Vivi Enterprises Limited (in rec) [2009] NZLLA 1212 (23 October 2009)

Last Updated: 6 February 2010

Decision No.1212/2009 -1213/2009

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 008/OFF/87/2006 issued to PRAMUKH INVESTMENTS LIMITED, currently being operated under temporary authority issued to VIVI ENTERPRISES LIMITED (in receivership), in respect of premises situated at 470 Pakuranga Road, Pakuranga, Manukau City, known as “Fortunes Liquor Mart”

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/007/807/08 issued to ZENICE ISHWARLAL GUJARATHI

BETWEEN THEVINDIERAN PILLAY
(Police Officer of Manukau)

AND SANJAY GOUNDER

(Manukau District Licensing Agency Inspector)

Applicants

AND VIVI ENTERPRISES LIMITED (in receivership)

First respondent

AND ZENICE ISHWARLAL GUJARATHI

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 dated 27 August 2009 by Constable T Pillay and Mr S Gounder, for suspension of an off-licence (being operated under temporary authority) in respect of bottle store premises known as “Fortunes Liquor Mart”, and for suspension of a General Manager’s Certificate issued to Zenice Ishwarlal Gujarathi.

The grounds of the applications are that the licensed premises have been conducted in breach of section 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 Friday 17 July 2009, a controlled purchase operation was undertaken in Manukau. Pursuant to s.162(5) of the Act, at the request of Police, two 15 year old female volunteers entered licensed premises and attempted to purchase liquor.

The volunteers entered “Fortunes Liquor Mart” at approximately 2.45 pm. They selected four “Vault 88” vodka RTD cans, and approached the counter. They were served by Zenice Gujarathi, the duty manager. Mr Gujarathi did not ask either volunteer for identification or other proof of age, and completed the sale.

In the decision of Nolas Wines and Spirits Limited LLA PH 816-817/06, we commented on the problem of youth access to alcohol, saying:

“Among the education methods employed by the agencies has been the controlled purchase operation. By using this method, the agencies have, for the first time, been able to check to see whether off-licences were playing their part in reducing liquor abuse. All licensees should be well aware of the concerns about under-age access to liquor, and the impact of such access on the community, and the efforts being made to address the problem.”

The respondents have admitted that the breach occurred and acknowledge that periods of suspension of the off-licence (and corresponding temporary authority) and General Manager’s Certificate are appropriate.

They have indicated willingness to accept recommended terms of suspension of the licence and manager’s certificate, without the requirement to appear before the Authority at a public hearing.

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

(a) Off-licence number 008/OFF/87/2006, issued to Pramukh Investments Limited, currently being operated under temporary authority issued to Vivi Enterprises Limited (in receivership) is suspended for 24 hours from 9.00 am on Friday 13 November 2009.

(b) General Manager’s Certificate number GM/007/807/08, issued to Zenice Ishwarlal Gujarathi, is suspended for three weeks from Monday 16 November 2009.

DATED at WELLINGTON this 23rd day of October 2009

______________
B M Holmes
Deputy Secretary

Fortunes Liquor Mart.doc