Fry v Fenchurch [2011] NZLLA 1219 (27 October 2011)

Last Updated: 1 December 2011

[2011] NZLLA 1219-1220

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 or cancellation of off-licence number 007/OFF/9057/2011 issued to FENCHURCH LIQUOR LIMITED in respect of premises situated at 43 Fenchurch Street, Glen Innes, Auckland known as "Fenchurch Liquor "

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension or cancellation of General Manager’s Certificate number GM/007/648/00 issued to PRAFUL PATEL

BETWEEN DAVID JOHN FRY

(Police Officer of Auckland)

Applicant

AND FENCHURCH LIQUOR LIMITED

First respondent

AND PRAFUL PATEL

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Mr P M McHaffie

DECISION

We have before us applications filed by Constable D J Fry of Auckland Police dated 25 July 2011, for suspension or cancellation of an off-licence and a General Manager’s Certificate following a controlled purchase operation conducted on Saturday 14 May 2011.

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 the suspension of the off-licence for a period of 24 hours and a three week suspension of the manager’s certificate. However the licensee seeks to have the suspension of the off-licence take place on a Monday rather than a Saturday.

It is the Authority’s commonly adopted approach that a suspension will include the day of the week upon which the offence occurred. Accordingly, we make the following orders by consent:

(a) Off-licence number 007/OFF/9057/2011, issued to Fenchurch Liquor Limited, is suspended for 24 hours from 7.00 am on Saturday 3 December 2011.

(b) General Manager’s Certificate number GM/007/648/00, issued to Praful Patel, is suspended for three weeks from Monday 5 December 2011.

DATED at WELLINGTON this 27th day of October 2011

B M Holmes
Secretary

Fenchurch Liquor & Praful Patel.doc(vw)