Dalziell-Kernohan and Fouhyv Aashi Ventures Limited and Arora [2009] NZLLA 1405 (14 December 2009)

New Zealand Liquor Licensing Authority

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Dalziell-Kernohan and Fouhyv Aashi Ventures Limited and Arora [2009] NZLLA 1405 (14 December 2009)

Last Updated: 16 January 2010

Decision No. PH 1405-1406/2009

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 or cancellation of off-licence number 015/OFF/21/05 issued to AASHI VENTURES LIMITED in respect of premises situated at PUA-C, Nawton Shopping Mall, 22 Durham Street, Hamilton, known as “Nawton Mall Liquor Centre”

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager's Certificate 015/GM/378/07 issued to SANJEEV ARORA

BETWEEN JAMES ROBIN DALZIELL-KERNOHAN

(Police Officer of Hamilton)

AND CARROLL FRANCES FOUHY

(Hamilton District Licensing Agency Inspector)

Applicants

AND AASHI VENTURES LIMITED

First Respondent

AND SANJEEV ARORA

Second Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at HAMILTON on 2 December 2009

APPEARANCES

Sergeant J R Dalziell-Kernohan – NZ Police – applicant
Mrs C F Fouhy – Hamilton District Licensing Agency Inspector – applicant
Mr D H Hall – for respondents

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority are two enforcement applications dated 15 May 2009 relating to a controlled purchase operation that took place at a bottle store in Hamilton known as “Nawton Mall Liquor Centre”.
[2] The first application is for the suspension or cancellation of an off-licence issued to Aashi Ventures Limited (hereafter called “the company”). The ground for the application is that the licensed premises have been conducted in breach of s.155 of the Act. This section makes it an offence to sell or supply liquor to minors.
[3] The allegations were that on 1 May 2009 a controlled purchase operation took place. Some six licensed premises were tested and two of those premises made a sale. One of the licensees that failed the test was the company.
[4] The item that was purchased was a four-pack of RTDs. Identification was requested. However, when this was said to be unavailable, the transaction was completed. The transaction was made by an employee who was not the duty manager. He was out the back of the premises at the time.
[5] The duty manager was Sanjeev Arora. He has held his manager’s certificate since 2007. He has appeared once before (see decision LLA 1086-1087/2007) when in another off-licence operated by the company, he was responsible for selling liquor to a volunteer minor. On that occasion his manager’s certificate was suspended for two weeks.
[6] Mr D H Hall has been asked to represent the company. He acknowledged responsibility on behalf of the two respondents. He indicated that evidence would be unnecessary and has accepted that sanctions should be imposed. He has pointed out that as part of the educative process that underpins the conduct of controlled purchase operations, the company has put new processes in place. Employees are now required to sign a document confirming that any future sales to minors will be regarded as misconduct which can lead to termination of employment. He confirmed that the company is now in the process of conducting training regimes for all employees. Furthermore, sophisticated software which assists in preventing sales to minors has been in place for some time.
[7] We acknowledge with thanks the cooperation of the two respondents. We trust that the lessons have been learned, and that they will be doing their best in the future to ensure that there is no repetition of this type of misbehaviour. Accordingly we propose to make the following orders:

• [a] Off-licence number 015/OFF/21/05, issued to Aashi Ventures Limited, is suspended for 24 hours commencing at 9.00 am on Friday 1 January 2010 until 9.00 on Saturday 2 January 2010; and
• [b] General Manager's Certificate number 015/GM/378/07, issued to Sanjeev Arora, is suspended for four weeks commencing on Monday 11 January 2010.
  

DATED at WELLINGTON this 14TH day of December 2009

B M Holmes
Deputy Secretary

Nawton Mall Liquor Centre.doc(aw)