Campbell and Mitchell v Cloverlea Liquor [2011] NZLLA 550 (17 June 2011)

Last Updated: 15 July 2011

[2011] NZLLA 550-551

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 039/OFF/12/2008 issued to S.N.M. ENTERPRISES LIMITED in respect of premises situated at 301 Tremaine Avenue, Palmerston North, known as "Cloverlea Liquor"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 021/GM/14092/2010 issued to TALJINDER SINGH

BETWEEN MICHELLE LEE CAMPBELL

(Police Alcohol Harm Officer of Palmerston North)

AND SUE MITCHELL

(Palmerston North District Licensing Agency Inspector)

Applicants

AND S.N.M. ENTERPRISES LIMITED

First respondent

AND TALJINDER SINGH

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us applications by Michelle Campbell of Palmerston North Police and Sue Mitchell, Palmerston North District Licensing Agency Inspector, dated 30 May 2011, for suspension of an off-licence and a General Manager’s Certificate, following a controlled purchase operation conducted on 13 May 2011.

The grounds for the application against the first respondent is that the premises have been conducted in breach of provisions of the Act. The application alleges breaches of both s.155 (sale of liquor to a person under 18 years of age) and s.172A (licensees obligations in respect of managers). In relation to the second breach, the applicants note that Mr Singh was named as the duty manager at the time, but had not been appointed at the time. On 18 May 2011 Police received a notice purporting to appoint him a manager of the premises from 10 May 2011.

The grounds for the application against the second respondent is 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 039/OFF/12/2008, issued to S.N.M. Enterprises Limited, is suspended for one day from 8.00 am on Friday 29 July 2011 to 8.00 am on Saturday 30 July 2011.

(b) General Manager’s Certificate number 021/GM/14092/2010, issued to Taljinder Singh, is suspended for four weeks from Monday 25 July 2011.

DATED at WELLINGTON this 17th day of June 2011

B M Holmes
Secretary

Cloverlea Liquor & Singh.doc (OS)