Ryder v Patel Superette [2010] NZLLA 1011 (17 September 2010)

Last Updated: 8 October 2010

[2010] NZLLA 1011-1012

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/155/2007 issued to JINGWELL COMPANY LIMITED in respect of premises situated at 584 Manukau Road, Epsom, Auckland, known as "Patel Superette"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/007/1132/09 issued to YONG LIN XUE

BETWEEN JOANNA KATE RYDER

(Police Officer of Greenlane)

Applicant

AND JINGWELL COMPANY LIMITED

First respondent

AND YONG LIN XUE

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us applications by Constable J K Ryder of Greenlane Police dated 20 July 2010, for suspension of an off-licence and a General Manager’s Certificate following a controlled purchase operation conducted on Friday 9 July 2010.

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

The respondents do not dispute the grounds for the applications and they have agreed to suspension of the off-licence and manager’s certificate. Accordingly, we make the following orders by consent:

(a) Off-licence number 007/OFF/155/2007, issued to Jingwell Company Limited, is suspended for five days from 8.00 am on Monday 18 October 2010 until 8.00 am on Saturday 23 October 2010.

(b) General Manager’s Certificate number GM/007/1132/09, issued to Yong Lin Xue, is suspended for 10 days from Monday 18 October 2010.

DATED at WELLINGTON this 17th day of September 2010

______________________
B M Holmes
Secretary

Patel Superette & Yong Xue.doc(ab)