Loye v Pt Chev Nominees Limited [2009] NZLLA 1311 (1 December 2009)

Last Updated: 8 February 2010

Decision No.1311/2009

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 007/OFF/066/2007 issued to PT CHEV NOMINEES LIMITEDin respect of premises situated at 1130 Great North Road, Point Chevalier, Auckland, known as “Point Chevalier Liquorland”

BETWEEN JASON PETER LOYE
(Police Officer of Avondale)

Applicant

AND PT CHEV NOMINEES LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Dr J Horn

DECISION

The Authority has received an application dated 20 August 2009 by Sergeant J P Loye, Avondale Police, for suspension of an off-licence in respect of bottle store premises known as “Point Chevalier Liquorland”.

The ground of the application is 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.

More particularly it is alleged that on Saturday 18 July 2009, a controlled purchase operation was undertaken in Auckland. Pursuant to s.162(5) of the Act, at the request of Police, a 17 year old male volunteer entered licensed premises and attempted to purchase liquor.

The volunteer entered “Point Chevalier Liquorland” at approximately 10.00 pm. He selected a four-pack of “Woodstock” bourbon and cola RTDs, and approached duty manager Mohit Kumar at the counter. The volunteer handed Mr Kumar a $20 note, and was given his change along with the RTDs. At no point was the volunteer asked for identification or other proof of age. He left the store with his purchase and returned to the supervising Police officer.

Shortly afterward, Police entered the store and spoke with Mr Kumar. He advised that he remembered making the sale to the volunteer, and that he had believed the volunteer to be approximately 23 years old. Mr Kumar said that it had been a busy time, and that he was working alone.

This is the second time that “Point Chevalier Liquorland” has failed a controlled purchase operation. In decision LLA PH 439-440/2005, we suspended the store’s off-licence for 24 hours as a result of a failure in November 2004.

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 respondent has admitted that the breach occurred and acknowledges that a period of suspension of the off-licence is appropriate.

The company has indicated willingness to accept a recommended term of suspension of the licence, without the requirement to appear before the Authority at a public hearing.

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

Off-licence number 007/OFF/066/2007, issued to Pt Chev Nominees Limited, is suspended for 48 hours from 9.00 am on Saturday 16 January 2010.

DATED at WELLINGTON this 1st day of December 2009

______________
B M Holmes
Deputy Secretary

Point Chevalier Liquorland.doc