Edlington and Hodds v Alex Wong Limited and Wong [2009] NZLLA 797 (23 July 2009)

Last Updated: 2 February 2010

Decision No. 797/2009 -798/2009

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
037/OFF/13/2002 issued to
ALEX WONG LIMITED in respect
of premises situated at 107-109
Hautapu Street, Taihape,
Rangitikei District, known as “Alex
Wong Limited”

AND

IN THE MATTER of an application pursuant to s.135
of the Act for suspension of
General Manager’s Certificate
number GM 2734/99 issued to
JEFFREY WONG

BETWEEN SELENA EDLINGTON
(Police Officer of Taihape)

AND VICKI HODDS
(Rangitikei District Licensing
Agency Inspector)

Applicants

AND ALEX WONG LIMITED

First respondent

AND JEFFREY WONG

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 S Edlington, Taihape Police, and Ms V Hodds, Rangitikei District Licensing Agency Inspector, for suspension of an off-licence in respect of supermarket premises known as “Alex Wong Limited”, and for suspension of a General Manager’s Certificate issued to Jeffrey Wong.

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 13 February 2009, a controlled purchase operation was undertaken in the Rangitikei district. Pursuant to s.162(5) of the Act, at the request of Police, two 17 year old male volunteers entered licensed premises and attempted to purchase liquor.

The volunteers entered “Alex Wong Limited” at approximately 5.10 pm. They selected a box of beer and took it to the checkout. The checkout operator completed the sale without asking the volunteers for identification or other proof of age.

Jeffrey Wong was the manager on duty at the time the sale was made. He has accepted that he is ultimately responsible for any sales made while he is the manager of the premises.

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.

The respondents 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 037/OFF/13/2002, issued to Alex Wong Limited, is suspended for five days from 7.00 am on Friday 21 August to 7.00 am on Wednesday 26 August 2009.

(b) General Manager’s Certificate number GM 2734/99, issued to Jeffrey Wong, is suspended for one month from Monday 31 August 2009.

DATED at WELLINGTON this 23rd day of July 2009

______________
B M Holmes
Deputy Secretary