Loye v Cee-ess Holdings Limited and Modi [2009] NZLLA 214 (9 March 2009)

New Zealand Liquor Licensing Authority

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Loye v Cee-ess Holdings Limited and Modi [2009] NZLLA 214 (9 March 2009)

Last Updated: 28 January 2010

Decision No. 214/2009 - 215/2009

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/087/2008 issued to CEE-ESS HOLDINGS LIMITED in respect of premises situated at 61 Hayr Road, Three Kings, Auckland, known as "Bottle King Three Kings"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/007/1108/08 issued to AMITKUMAR GOVINDLAL MODI

BETWEEN JASON PETER LOYE

(Police Officer of Avondale)

Applicant

AND CEE-ESS HOLDINGS LIMITED

First respondent

AND AMITKUMAR GOVINDLAL MODI

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr P M McHaffie

DECISION

We have before us applications by Sergeant J P Loye of Avondale Police for suspension of an off-licence and a General Manager’s Certificate following a controlled purchase operation conducted in the western area of the Auckland licensing district in December last year.

The grounds for the suspension applications are that the premises have been conducted in breach of the provisions of the following sections of the Act:

Section 155 – sale of liquor to a person under 18 years of age; and
Section 164 – allowing a minor to enter or remain in a supervised area; and
Section 165 – unauthorised sale or supply; and

that the manager has failed to conduct the premises in a proper manner.

During the aforementioned controlled purchase operation a male volunteer, at the time aged 16 years and nine months, was instructed by the Police to enter “Bottle King”, in Hayr Road, Three Kings, and attempt to purchase liquor.

The volunteer selected a 4-pack of premixed bourbon-based drinks (RTDs) which he took to the counter. The sales person, who did not hold a manager’s certificate, did not ask the volunteer his age or make any request for any form of identification. The second respondent, who was the duty manager, was present at the time the sale was made.

Neither the licensee nor Mr Modi dispute the grounds for the applications and it is accepted that suspension of the licence and manager’s certificate is appropriate. The Police have recommended terms of suspension which the respondents accept will be imposed by the Authority by consent.

Having considered the recommendations from Sergeant Loye we make the following orders:

(a) Off-licence number 007/OFF/087/2008, issued to Cee-Ess Holdings Limited, is suspended for two days from 9.00 am on Saturday 18 April 2009 until 9.00 am on Monday 20 April 2009.

(b) General Manager’s Certificate number GM/007/1108/08, issued to Amitkumar Govindlal Modi, is suspended for one month from Monday 6 April 2009.

DATED at WELLINGTON this 9th day of March 2009

______________________
B M Holmes
Deputy Secretary

Bottle King & Modi.doc(ab)