Harvey v Mangere Cut Price Liquor [2010] NZLLA 1196 (21 October 2010)

Last Updated: 5 November 2010

[2010] NZLLA 1196-1197

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 008/OFF/04/2009 issued to GURU KRIPA LIMITED in respect of premises situated at 4/743 Massey Road, Mangere, Manukau City, known as "Mangere Cut Price Liquor"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/08/228/2004 issued to GURMOHAN SINGH

BETWEEN COLIN STUART HARVEY

(Police Officer of Manukau)

Applicant

AND GURU KRIPA LIMITED

First respondent

AND GURMOHAN SINGH

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us applications by Senior Constable C S Harvey of Manukau Police dated 27 September 2010, for suspension of an off-licence and a General Manager’s Certificate following a controlled purchase operation conducted on Friday 10 September 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 008/OFF/04/2009, issued to Guru Kripa Limited, is suspended for 48 hours from 9.00 am on Thursday 25 November 2010.

(b) General Manager’s Certificate number GM/08/228/2004, issued to Gurmohan Singh, is suspended for four weeks from Monday 22 November 2010.

DATED at WELLINGTON this 21st day of October 2010

______________________
B M Holmes
Secretary

Mangere Cut Price Liquor & G Singh.doc(ab)