Law v Onishi [2009] NZLLA 95 (5 February 2009)

Last Updated: 26 January 2010

Decision No. 95/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to
s.135 of the Act for suspension or
cancellation of General
Manager’s Certificate number
GM/007/493/08 issued to
KIYONORI ONISHI

BETWEEN BRYCE ROBERT LAW
(Police Officer of Auckland)

Applicant

AND KIYONORI ONISHI

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us an application by Sergeant B R Law of the Auckland Police Proactive Licensing Unit, for suspension of a General Manager’s Certificate held by Kiyonori Onishi.

The ground of the application is that the manager has failed to conduct the licensed premises in a proper manner, by breaching s.155 of the Act, that is, the sale of liquor to a minor.

More particularly, on Friday 19 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 17 year old male volunteer entered licensed premises and attempted to purchase liquor.

The volunteer entered “Geihinkan and Ichiban” at around 11.20 pm. He selected a bottle of “Lion Red” beer and approached the counter where 19 year old staff member Oko Bennett was working. He gave Ms Bennett a $20 note and she accepted this and handed him his change. At no stage did she ask for identification or other proof of age. The volunteer then left the premises and handed the beer and change to a waiting Police officer.

Ms Bennett provided a statement to Police, in which she admitted selling the beer without requesting identification. Police then spoke to duty manager Kiyonori Onishi. He explained that he had been cooking at the time and did not see the sale take place.

This was the second occasion when “Geihinkan and Ichiban” had failed a controlled purchase operation, the first of which was only ten months previous. In decision LLA 580/2008, the off-licence was suspended for seven days. The licensee is soon to appear at a hearing of the Authority for the most recent enforcement applications to be determined.

Mr Onishi has subsequently terminated his employment with “Geihinkan and Ichiban” and has returned to Japan. He has admitted the facts as stated by the applicant, and as a result, has consented to cancellation of his General Manager’s Certificate, rendering a public hearing unnecessary.

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

General Manager’s Certificate number GM/007/493/08, issued to Kiyonori Onishi, is cancelled from Monday 9 February 2009.

DATED at WELLINGTON this 5th day of February 2009

______________
B M Holmes
Deputy Secretary