Smith v Patel [2009] NZLLA 788 (22 July 2009)

Last Updated: 2 February 2010

Decision No. 788/2009 – 789/2009

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 048/OFF/125/2006 issued to the partnership of NATVER PATEL, BHAVESH NATVER PATEL and SARSWATI PATEL in respect of premises situated at 427 Cuba Street, Alicetown, Lower Hutt, known as "Masala Superette"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 048/GMC/928/2006 issued to BHAVESH NATVER PATEL

BETWEEN ANDREW LEA SMITH

(Police Officer of Lower Hutt)

Applicant

AND NATVER PATEL, BHAVESH NATVER PATEL and SARSWATI PATEL (trading in partnership)

First respondent

AND BHAVESH NATVER PATEL

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Deputy Chairman: District Court Judge D J R Holderness
Member: Mr P M McHaffie

DECISION

We have before us applications by Sergeant A L Smith of Lower Hutt Police for suspension of an off-licence and a General Manager’s Certificate following a controlled purchase operation in Lower Hutt licensing district in March 2009.

The grounds for the applications are that the premises have been conducted in breach of the provisions of s.155 of the Act; i.e. sale of liquor to a person under the age of 18 years, and that the manager has failed to conduct the premises in a proper manner.

More particularly it is alleged on Friday 27 March 2009 a controlled purchase operation was conducted jointly by the Police, Regional Public Health and the Hutt City Council. A male volunteer, at the time aged 17 years and 10 months, was requested by the Police to enter “Masala Superette” and attempt to purchase liquor.

Such a request is authorised by s.162(5) of the Act to enable reporting authorities to monitor compliance with the provisions of the Act and the conditions of licences.

The volunteer selected a six-pack of Monteiths ‘Golden Lager”. The sales person requested identification but when the volunteer said that he was not carrying any the sale was conducted notwithstanding. The sales person was the duty manager, who is also a member of the partnership that holds the off-licence.

The grounds for the applications are not in dispute and it is acknowledged that suspension of the off-licence and manager’s certificate is appropriate. At the invitation of the Police the respondents are prepared to accept imposition by the Authority of recommended periods of suspension.

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

(a) Off-licence number 048/OFF/125/2006, issued to the partnership of Natver Patel, Bhavesh Natver Patel and Sarswati Patel, is suspended for five days from 7.00 am on Monday 24 August 2009 until 7.00 am on Saturday 29 August 2009.

(b) General Manager’s Certificate number 048/GMC/928/2006, issued to Bhavesh Navter Patel, is suspended for 30 days from Monday 24 August 2009.

DATED at WELLINGTON this 22nd day of July 2009

______________________
B M Holmes
Deputy Secretary

Masala Superette & Patel.doc(ab)