Hickey and Radich v Bahia Investments Limited and others [2009] NZLLA 1383 (10 December 2009)

New Zealand Liquor Licensing Authority

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Hickey and Radich v Bahia Investments Limited and others [2009] NZLLA 1383 (10 December 2009)

Last Updated: 15 January 2010

Decision No.1383-1386/2009

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 008/OFF/10/2008 issued to KIWI INC (2007) LIMITED (currently trading under temporary authority issued to BAHIA INVESTMENTS LIMITED) in respect of premises situated at 24 Charles Street, Papatoetoe, Manukau City, known as "Kiwi Liquor"; and off-licence number 008/OFF/16/2009 issued to SCORPION WINES & SPIRITS (2007) LIMITED in respect of premises situated at 169 Puhinui Road, Papatoetoe, Manukau City, known as "Scorpion Liquor"

AND

IN THE MATTER of applications pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/08/253/2009 issued to MANINDER SIDHU; and General Manager’s Certificate number GM/08/310/2007 issued to RAKESH SINGH

BETWEEN PATRICIA YVONNE HICKEY

(Police Officer of Manukau)

AND PAUL RADICH

(Manukau District Licensing Agency Inspector)

Applicants

AND BAHIA INVESTMENTS LIMITED

SCORPION WINES & SPIRITS (2007) LIMITED

First respondents

AND MANINDER SIDHU

RAKESH SINGH

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 filed jointly by Constable P Y Hickey of Manukau Police and Mr P Radich, Manukau District Licensing Agency Inspector, dated 29 October 2009, for suspension of two off-licences and two General Managers’ Certificates following a controlled purchase operation conducted in the Manukau 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 the managers have failed to conduct the licensed premises in a proper manner.

More particularly it is alleged that on Friday 16 October 2009 a female volunteer aged 16 years was requested by the Police to enter licensed premises and attempt to purchase liquor. Section 162(5) of the Act provides that such a request may be carried out in order to monitor compliance with the Act by licensees and managers.

In both of the premises identified in these applications the volunteer selected a four-pack of a ready mixed spirit-based beverage (RTD). A successful purchase was completed with neither sales person inquiring as to the age of the volunteer and without any request for identification.

We have made the point in numerous decisions that RTDs are extremely popular with young persons, and purchases of the type described above should be sufficient to alert any liquor retailer that it would be prudent to challenge the age of the customer.

The respondents acknowledge that the grounds for the applications have been established and they have accepted an invitation to undergo recommended periods of suspension of the off-licences and managers’ certificates without the requirement to attend a public hearing to determine the matters.

Having considered the recommendations from the applicants we deal with the matters on the papers, and we make the following orders:

(a) Off-licence number 008/OFF/10/2008, issued to Kiwi Inc (2007) Limited (currently trading under temporary authority issued to Bahia Investments Limited), is suspended for three days from 9.00 am on Wednesday 13 January 2010 until 9.00 am on Saturday 16 January 2010.
(b) Off-licence number 008/OFF/16/2009, issued to Scorpion Wines & Spirits (2007) Limited, is suspended for two days from 9.00 am on Thursday 14 January 2010 until 9.00 am on Saturday 16 January 2010.

(c) General Manager’s Certificate number GM/08/253/2009, issued to Maninder Sidhu, is suspended for three weeks from Monday 11 January 2010.

(d) General Manager’s Certificate number GM/08/310/2007, issued to Rakesh Singh, is suspended for four weeks from Monday 18 January 2010.

DATED at WELLINGTON this 10TH day of December 2009

______________________
B M Holmes
Deputy Secretary

Kiwi Liquor, Manukau.doc(ab)