Wilson v E Mart [2010] NZLLA 893 (19 August 2010)

Last Updated: 27 August 2010

[2010] NZLLA 893

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 variation of off-licence number 007/OFF/119/2008 issued to EVERY MART LIMITED in respect of premises situated at 14 Commerce Street, Auckland, known as "E Mart"

BETWEEN ADRIAN WILSON

(Police Officer of Auckland)

Applicant

AND EVERY MART LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Ms J D Moorhead

DECISION

We have before us an application by Constable A Wilson dated 7 July 2010, for variation of an off-licence for premises at 14 Commerce Street, Auckland known as “E Mart”. The business trades as a grocery store and is authorised to sell liquor as prescribed by s.37(3) of the Act at any time on any day, subject to the constraints of s.37(1) of the Act.

The ground for the application is that the premises have been conducted in breach of the provisions of the following sections of the Act:

(i) Section 172A(b) – ensure that s.115 of the Act is complied with. In other words a manager should be on duty and present in the premises; and
(ii) Section 165 – unauthorised sale or supply of liquor.

The application stems from routine compliance monitoring visits in the premises of the business conducted by the Police on 3 May 2010, 28 May 2010 and 29 June 2010. No duty manager was present in the premises during any of the Police visits. During the third visit a purchase of wine was made by a plain clothes Police officer.

The respondent does not dispute the ground for the application and has agreed to a recommended variation to the conditions of the licence reducing the hours. Accordingly, we make the following order by consent:

Condition (c) of off-licence number 007/OFF/119/2008, issued to Every Mart Limited, is varied as follows:

“(c) Liquor may be sold or delivered only on the following days and during the following hours:

(i) Monday to Friday at any time on any day; EXCEPT THAT on the Thursday before Good Friday, and on Easter Saturday; and on Christmas Eve; and on the day before Anzac Day, liquor may only be sold until 12.00 midnight.
(ii) Saturday and Sunday 9.00 am to 12.00 midnight.”

Mr Woong Kim, on behalf of the respondent, has provided an undertaking that single bottle sales will not take place between 10.00 pm and 12.00 midnight on Fridays and Saturdays.

The Police will continue to monitor the operation of the business and will review the licensee’s performance when next the licence falls due for renewal.

DATED at WELLINGTON this 19th day of August 2010

______________________
B M Holmes
Secretary

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