Pillay v U & TD Enterprises Limited and Prasad [2010] NZLLA 9 (22 January 2010)

Last Updated: 12 March 2010

Decision No.9/2010-10/2010

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 008/OFF/04/2008 issued to U & TD ENTERPRISE LIMITED in respect of premises situated at Unit 7, 2 Thomas Road, Flat Bush, Manukau City, known as "Chapel Park Liquor"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/08/75/2007 issued to RAJESHWAR PRASAD

BETWEEN THEVINDIERAN PILLAY

(Police Officer of Manukau)

Applicant

AND U & TD ENTERPRISE LIMITED

First respondent

AND RAJESHWAR PRASAD

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Dr J Horn
Ms J D Moorhead

DECISION

We have before us applications by Constable T Pillay of Manukau Police, dated 28 October 2009, for suspension of an off-licence held by U & TD Enterprise Limited in respect of premises situated at Unit 7, 2 Thomas Road, Flat Bush, Manukau City, known as “Chapel Park liquor”, and for suspension of a General Manager’s Certificate held by Rajeshwar Prasad. The applications stem from a controlled purchase operation conducted in the Manukau licensing district in October 2009.

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 the age of 18 years; and that the manager has failed to conduct the licensed premises in a proper manner.

More particularly it is alleged that on Friday 16 October last, a male volunteer at the time aged 15 years was requested by the Police to enter licensed premises and attempt to purchase liquor. The request was reliant upon s.162(5) of the Act which gives reporting authorities an opportunity to monitor licensees and managers in their observance of the requirements of the Act and of the conditions of licences.

In “Chapel Park Liquor” the volunteer selected a 4-pack of vodka-based ready mixed beverages (RTDs) and took it to the counter. The volunteer made a successful purchase without being challenged as to his age, and without being required to produce any form of identification.

The respondents do not dispute the grounds for the applications and it is acknowledged that suspension of the off-licence and manager’s certificate is appropriate and they have agreed to accept recommended terms of suspension, to be imposed by the Authority without the requirement to appear before us at a public hearing.

Having considered the recommendations from Constable Pillay we make the following orders:

(a) Off-licence number 008/OFF/04/2008, issued to U & TD Enterprise Limited, is suspended for three days from 9.00 am on Wednesday 26 May 2010 until 9.00 am on Saturday 29 May 2010.

(b) General Manager’s Certificate number GM/08/75/2007, issued to Rajeshwar Prasad, is suspended for three weeks from Monday 10 May 2010.

DATED at WELLINGTON this 22ND day of January 2010

______________________
B M Holmes
Deputy Secretary

Chapel Park Liquor & Prasad.doc(ab)