Dowson v Star Metro Holdings Limited and Feng [2009] NZLLA 952 (19 August 2009)

Last Updated: 3 February 2010

Decision No. 952/2009 – 953/2009

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
007/OFF/013/2007 issued to
STAR SERVICE STATIONS
LIMITED, currently being operated
under temporary authority issued
to STAR METRO HOLDINGS
LIMITED in respect of premises
situated at 4 Fort Street,
Auckland, known as “Star Mart
Fort Street”

AND

IN THE MATTER of an application pursuant to s.135
of the Act for suspension of
General Manager’s Certificate
number GM/007/471/08 issued to
YANG FENG

BETWEEN BRAD ERIC DOWSON
(Police Officer of Auckland)

Applicant

AND STAR METRO HOLDINGS
LIMITED

First respondent

AND YANG FENG

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

The Authority has received an application dated 17 June 2009 by Constable B E Dowson, Auckland Police Proactive Licensing Unit, for suspension of an off-licence (currently being operated under temporary authority) in respect of a central city convenience store known as “Star Mart Fort Street”. There is also a related application for suspension of a General Manager’s Certificate issued to an employee of the store, Yang Feng.

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 19 December 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 “Star Mart Fort Street” at approximately 4.20 pm. He selected a six-pack of “Mac’s Gold” beer from the chiller and went to the counter. There were no other customers in the store at the time. The female employee at the counter advised the volunteer of the price of the beer and he paid and left the store. At no time was he asked for identification or other proof of age.

Police entered the store shortly afterwards and spoke with the employee that had made the sale, who identified herself as Yang Feng, the duty manager. Ms Feng was asked why she had sold liquor to the volunteer, and she stated that she had believed him to be 28-30 years old, which was why she did not ask for identification.

In the decision of H P Clement v Nolas Wines and Spirits Limited 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 applicant we make the following orders:

(a) Off-licence number 007/OFF/013/2007, issued to Star Service Stations Limited, currently being operated under temporary authority issued to Star Metro Holdings Limited, is suspended for five days from 7.00 am on Friday 18 September to 7.00 am on Wednesday 23 September 2009.

(b) General Manager’s Certificate number GM/007/471/08, issued to Yang Feng, is suspended for 28 days from Monday 21 September to Monday 19 October 2009.

DATED at WELLINGTON this 19th day of August 2009

______________
B M Holmes
Deputy Secretary