Sargent v Raumati South Foodmarket [2011] NZLLA 289 (7 April 2011)

Last Updated: 3 May 2011

[2011] NZLLA 289-290

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 045/OFF/005/2007 issued to PRAGOMS TRADING LIMITED in respect of premises situated at 30 Poplar Avenue, Raumati South, known as "Raumati South Foodmarket"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 045/GM/983/2007 issued to SONAL DHAVAL MODI

BETWEEN STEPHEN DENNIS SARGENT

(Police Officer of Porirua)

Applicant

AND PRAGOMS TRADING LIMITED

First respondent

AND SONAL DHAVAL MODI

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us applications by Senior Sergeant S D Sargent of Porirua Police dated 10 November 2010, for suspension of an off-licence and a General Manager’s Certificate following a controlled purchase operation conducted on Saturday 16 October 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 045/OFF/005/2007, issued to Pragoms Trading Limited, is suspended for four days from 7.00 am on Saturday 14 May 2011 until 7.00 am on Wednesday 18 May 2011.

(b) General Manager’s Certificate number 045/GM/983/2007, issued to Sonal Dhaval Modi, is suspended for 30 days from Monday 2 May 2011.

DATED at WELLINGTON this 7TH day of April 2011

B M Holmes
Secretary

Raumati South Foodmarket.doc(ab)