Paterson v Super Liquor Red Beach [2010] NZLLA 985 (3 September 2010)

Last Updated: 17 September 2010

[2010] NZLLA 985-986

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 004/OFF/027/08 issued to SHIV SERVICES LIMITED in respect of premises situated at 178 Hibiscus Coast Highway, Orewa, known as "Super Liquor Red Beach"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 001/GM/153/2007 issued to CHETANA HITESH PATEL

BETWEEN NICOLA ROBYN PATERSON

(Police Officer of Orewa)

Applicant

AND SHIV SERVICES LIMITED

First respondent

AND CHETANA HITESH PATEL

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Dr J Horn
Mr P M McHaffie

DECISION

We have before us applications by Constable N R Paterson of Orewa Police dated 17 June 2010, for suspension of an off-licence and a General Manager’s Certificate following a controlled purchase operation conducted on Wednesday 9 June 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 004/OFF/027/08, issued to Shiv Services Limited, is suspended for 24 hours from 9.00 am on Wednesay 29 September 2010.

(b) General Manager’s Certificate number 001/GM/153/2007, issued to Chetana Hitesh Patel, is suspended for four weeks from Monday 27 September 2010.

DATED at WELLINGTON this 3rd day of September 2010

______________________
B M Holmes
Secretary

Super Liquor Red Beach & Patel.doc(ab)