Lally and Radich v Soul City Island Development Limited and Paane [2009] NZLLA 784 (22 July 2009)

Last Updated: 2 February 2010

Decision No. 784/2009 – 785/2009

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
008/OFF/22/2009 issued to
SOUL CITY ISLAND
DEVELOPMENT LIMITED in
respect of premises situated at
1/113 Favona Road, Mangere,
Manukau City, known as “Star
Liquor”

AND

IN THE MATTER of an application pursuant to s.135
of the Act for suspension of
General Manager’s Certificate
number GM/08/146/2007 issued
to SU’A PAANE

BETWEEN CHRISTOPHER DAVID LALLY
(Police Officer of Manukau)

AND PAUL ANTHONY RADICH
(Manukau District Licensing
Agency Inspector)

Applicants

AND SOUL CITY ISLAND
DEVELOPMENT LIMITED

First respondent

AND SU’A PAANE

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

The Authority has received joint applications by Constable C D Lally, Manukau Police, and Mr P A Radich, Manukau District Licensing Agency Inspector, for suspension of an off-licence in respect of a bottle store known as “Star Liquor”, and for suspension of a General Manager’s Certificate issued to Su’a Paane. Mr Paane is also one of the directors of the company that holds the off-licence.

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 Friday 5 June 2009, a controlled purchase operation was undertaken in Manukau. Pursuant to s.162(5) of the Act, at the request of Police, two 15 year old female volunteers entered licensed premises and attempted to purchase liquor.

The volunteers entered “Star Liquor” at approximately 7.30 pm. They selected a four-pack of “Pulse” vodka RTD cans, with 7% alcohol content. They took the cans to the counter and paid cash. At no time did the salesperson ask the volunteers for identification or other proof of age. The minors left the store with the liquor and provided a statement to Police.

The applicants entered the store shortly afterward and spoke with a man who fitted the description given by the volunteers. He was identified as having made the sale.

Su’a Paane, the duty manager and director of the licensee company, also spoke with Police and the Inspector. He advised that the salesperson was his brother, as he was busy with another customer outside at the time. Mr Paane’s knowledge of the Sale of Liquor Act was judged to be adequate.

In the decision of Nolas Wines and Spirits LLA PH 816-817/06, we commented on the problem of youth access to alcohol, saying:

“Among the education methods employed by the agencies has been the controlled purchase operation. By using this method, the agencies have, for the first time, been able to check to see whether off-licences were playing their part in reducing liquor abuse. All licensees should be well aware of the concerns about under-age access to liquor, and the impact of such access on the community, and the efforts being made to address the problem.”

The respondents have admitted that the breach occurred and acknowledge that periods of suspension of the off-licence and General Manager’s Certificate are appropriate.

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

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

(a) Off-licence number 008/OFF/22/2009, issued to Soul City Island Development Limited, is suspended for 24 hours from 9.00 am on Friday 28 August 2009.

(b) General Manager’s Certificate number GM/08/146/2007, issued to Su’a Paane, is suspended for ten days from Monday 31 August to Thursday 10 September 2009.

DATED at WELLINGTON this 22nd day of July 2009

______________
B M Holmes
Deputy Secretary