Law v General Distributors Limited and Zhu [2009] NZLLA 63 (22 January 2009)

New Zealand Liquor Licensing Authority

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Law v General Distributors Limited and Zhu [2009] NZLLA 63 (22 January 2009)

Last Updated: 26 January 2010

Decision No. 63/2009 - 64/2009

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/077/2008 issued to
GENERAL DISTRIBUTORS
LIMITED in respect of premises
situated at 2-30 Beach Road,
Auckland, known as “Foodtown”

AND

IN THE MATTER of an application pursuant to s.135
of the Act for suspension of
General Manager’s Certificate
number GM/007/651/08 issued
to YAKUN ZHU

BETWEEN BRYCE ROBERT LAW
(Police Officer of Auckland)

Applicant

AND GENERAL DISTRIBUTORS
LIMITED

First respondent

AND YAKUN ZHU

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

The Authority has received applications by Sergeant B R Law, Auckland Police Proactive Licensing Unit, for suspension of an off-licence in respect of a central Auckland supermarket known as “Foodtown”, and for suspension of a General Manager’s Certificate held by Yakun Zhu.

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

Section 155 – Sale or supply of liquor to minors
Section 165 – Unauthorised sale or supply

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

More particularly it is alleged that on Saturday 20 September 2008, a controlled purchase operation was undertaken in central Auckland. Pursuant to s.162(5) of the Act, at the request of Police a 15 year old female volunteer entered licensed premises and attempted to purchase liquor.

The volunteer entered “Foodtown” at approximately 11.00 pm. She had previously visited 11 premises and had been able to purchase liquor in two of them. The volunteer went to the liquor aisle of the store and selected a four-pack of “Stella Artois” beer bottles. She went to one of the checkouts and waited in line while plain-clothes Police looked on.

The checkout operator was a 30 year old female. She scanned the product, placed it in a bag and took the cash provided by the volunteer. The checkout operator gave the bag and a receipt to the volunteer, without asking for identification or other proof of age at any point in the transaction.

Police entered the store and spoke to the checkout operator who identified herself as Rosita Mendonca. She admitted to selling the beer without asking for identification.

Duty manager Yakun Zhu was located and spoke to Police. He stated that he was in the bakery department marking down products at the time that the sale occurred. He outlined the training undertaken by checkout staff, showed Police the documentation signed by all checkout operators prior to the commencement of their shifts, and explained the store procedures for ensuring that minors are not sold liquor.

The respondents have admitted that the sale occurred and acknowledge that suspension of the licence and manager’s certificate is appropriate.

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

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

(a) Off-licence number 007/OFF/077/2008, issued to General Distributors Limited, is suspended for 24 hours from 6.00 am on Saturday 28 February 2009.

(b) General Manager’s Certificate number GM/007/651/08, issued to Yakun Zhu, is suspended for 21 days from Monday 2 March 2009.

DATED at WELLINGTON this 22nd day of January 2009

______________
B M Holmes
Deputy Secretary