Pillay v Pacific Liquor [2011] NZLLA 1229 (27 October 2011)

Last Updated: 1 December 2011

[2011] NZLLA 1229-1231

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/07/2007 issued to TAJ LIQUOR CENTRE LIMITED in respect of premises situated at Shop 3, 18 Mangere Town Square, Manukau, Auckland, known as "Pacific Liquor"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Managers Certificate number GM/08/212/2008 issued to SIMARJIT SINGH MANN

BETWEEN THEVINDIERAN PILLAY

(Police Officer or Manukau)

Applicant

AND TAJ LIQUOR CENTRE LIMITED

First respondent

AND SIMARJIT SINGH MANN

Second respondent

AND

IN THE MATTER of an application by TAJ LIQUOR CENTRE LIMITED pursuant to s.41 of the Act for renewal of an off-licence in respect of premises situated at Shop 3, 18 Mangere Town Square, Manukau, Auckland, known as "Pacific Liquor"

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 T Pillay of Manukau Police, for suspension of the off-licence issued to Taj Liquor Centre Limited in respect of premises situated at Shop 3, Mangere Town Square, Manukau, Auckland known as “Pacific Liquor”, and for suspension of the General Manager’s Certificate issued to Simarjit Singh Mann.

We are also asked to determine an application for renewal of the licence.

The grounds for the suspension applications are that the premises have been conducted in breach of s.155 of the Act – sale of liquor of a minor, and that the manager has failed to conduct the licenced premises in a proper manner.

The District Licensing Agency Inspector opposes the renewal of the off-licence for the reasons set out in the enforcement applications.

At approximately 6.00 pm on Tuesday 29 March 2011 Police arrested a 16 year old male known to Police, for breaching his bail conditions of not consuming alcohol. This person was intoxicated so Police questioned him regarding where the liquor came from. He advised that on two separate occasions that day he had purchased alcohol from “Pacific Liquor” and that he had not been asked for identification at either visit.

He also advised that he had purchased alcohol from “Pacific Liquor” without being asked for identification a few months earlier.

At 7.00 pm on Tuesday 29 March 2011 the Police, accompanied by the informant, conducted a licensed premises check at “Pacific Liquor”. The informant identified Simarjit Singh Mann as the person who sold alcohol to him earlier in the day. Simarjit Singh Mann was the duty manager at the time of the sales.

When questioned by the Police in relation to the sale of liquor to a minor, Mr Mann advised he had never seen the informant before.

Mr Parminder Singh, the licencee for “Pacific Liquor”, advised he remembers the informant but did not sell to him but instead sold to a companion of the informant who was able to produce identification.

The respondents do not dispute the grounds for the applications and they have agreed to suspension of the off-licence and manager’s certificate. As a consequence, the District Licensing Agency Inspector has agreed to withdraw her opposition to the application for renewal of the off-licence. Accordingly,we make the following orders by consent:

(a) Off-licence number 008/OFF/07/2007, issued to Taj Liquor Centre Limited,

is suspended for four days from 9.00 am on Sunday 22 January 2012.

(b) General Manager’s Certificate number GM 08/212/2008, issued to Simarjit

Singh Mann, is suspended for one month from Thursday 1 December

2011.

We are satisfied as to the matters to which we must have regard as set out in s.45 of the Act. We renew the off-licence on the existing terms and conditions for three years from 24 January 2010.

DATED at WELLINGTON this 27th day of October 2011

B Holmes
Secretary

Pacific Liquor & Simarjit Singh.doc(vw)