Hobson [2010] NZLLA 246 (23 March 2010)

Last Updated: 16 April 2010

Decision No.246/2010-247/2010

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/159/2009 issued to AZ HOBSON LIQUOR LIMITED in respect of premises situated at 51 Hobson Street, Auckland, known as "Hobson Liquor"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/007/1080/06 issued to VENKATA SURYA KRISHNA KUMAR

BETWEEN BRIDGET SUCKLING

(Police Officer of Auckland)

AND ANITA MARSH

Applicant

AND AZ HOBSON LIQUOR LIMITED

First respondent

AND VENKATA SURYA KRISHNA KUMAR

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us applications dated 9 November 2009, for suspension of an off-licence and a General Manager’s Certificate.

The grounds for the applications are that conduct of the licensee has been such as to show that it is unsuitable to hold the licence, and the conduct of the manager has been such as to show that he is unsuitable to hold the certificate.
The premises are licensed as a stand-alone liquor retail outlet. Subsequent to the grant of the off-licence, alterations were made to the premises and various foodstuffs were placed on display for sale. Additionally a bakery was installed in the premises. The licensee filed an application for redefinition of the premises to accommodate the bakery facility. The licensee had also filed an application for renewal of the off-licence.

The Police and Agency Inspector opposed the renewal application. They contended that the effect of expansion into the greater area had changed the appearance and nature of the business in that it had developed into a facility akin to a grocery store or delicatessen. This perception resulted from the introduction of a significant number of food items, including freshly baked bread, a cold food display and a range of sauces, cereals, pickles, pasta products and the like. The reports submitted that the sale of all types of liquor was incompatible with the range of food items available.

As a consequence the food items were removed from the premises and opposition to renewal was withdrawn. The Authority granted the application in decision NZLLA 1234-1235/2009.

Following renewal of the licence a subsequent visit by the applicants revealed that all the food items had once again been put on display, in some cases in greater quantities than previously. During the visit an air pistol was located behind the counter. The duty manager claimed that he had no knowledge of its ownership. The duty manager informed the applicants that the building owner had directed that the food items be put back on the shelves.

The applications were to have been determined at a public hearing but the Police and the respondents’ agent have negotiated a settlement whereby recommended terms of suspension have been accepted. Accordingly we make the following orders by consent:

(a) Off-licence number 007/OFF/159/2009, issued to AZ Hobson Liquor Limited, is suspended for 24 hours on each of the following four days:

• (i) Sunday 2 May 2010; and
• (ii) Sunday 9 May 2010; and
• (iii) Sunday 16 May 2010; and
• (iv) Sunday 23 May 2010.
  

(b) General Manager’s Certificate number GM/007/1080/06, issued to Venkata Surya Krishna Kumar, is suspended for four weeks from Monday 18 April 2010.

DATED at WELLINGTON this 23rd day of March 2010

______________________
B M Holmes
Deputy Secretary

Hobson Liquor & Kumar.doc(ab)