Clearwater and Yates v Bell Block Four Square [2009] NZLLA 66 (23 January 2009)

Last Updated: 3 September 2010

Decision No. 66/2009 - 67/2009

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
033/OFF/214/2006 issued to
PUNJAB (NZ) ASSOCIATES
LIMITED in respect of premises
situated at 935 Devon Road, Bell
Block, New Plymouth, known as
“Bell Block Four Square”

AND

IN THE MATTER of an application pursuant to s.135
of the Act for suspension of
General Manager’s Certificate
number 033/GM/857/2006 issued
to GURINDER SINGH CHAHAL

BETWEEN MURRAY ERIC CLEARWATER
(New Plymouth District Licensing
Agency Inspector)

AND KERRYANNE YATES
(Police Officer of New Plymouth)

Applicants

AND PUNJAB (NZ) ASSOCIATES
LIMITED

First respondent

AND GURINDER SINGH CHAHAL

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

The Authority has received joint applications by Mr M E Clearwater, New Plymouth District Licensing Agency Inspector, and Constable K Yates, New Plymouth Police, for suspension of an off-licence in respect of New Plymouth premises known as “Bell Block Four Square”, and for suspension of a General Manager’s Certificate held by Gurinder Singh Chahal.

The grounds of the applications are that the licensed premises have been conducted in breach of s.155 of the Act, by the sale or supply of liquor to a minor, and that the manager has failed to conduct the licensed premises in a proper manner.

More particularly it is alleged that on Saturday 22 November 2008, a controlled purchase operation was undertaken in New Plymouth. Pursuant to s.162(5) of the Act, at the request of Police two 16 year old volunteers entered licensed premises and attempted to purchase liquor.

One of the volunteers entered “Bell Block Four Square” at approximately 7.00 pm. He selected a single bottle of “Speight’s” beer and approached the counter. The salesperson completed the transaction without asking the volunteer for identification or other proof of age.

The salesperson received a Police warning but no further action was taken as she was only 13 years old. Gurinder Chahal was the manager on duty at the time that the breach occurred.

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 applicants we make the following orders:

(a) Off-licence number 033/OFF/214/2006, issued to Punjab (NZ) Associates Limited, is suspended for seven days from 7.00 am on Saturday 28 February 2009.

(b) General Manager’s Certificate number 033/GM/857/2006, issued to Gurinder Singh Chahal, is suspended for 28 days from Monday 8 March 2009.

DATED at WELLINGTON this 23rd day of January 2009

______________
B M Holmes
Deputy Secretary