Pillay v Mangere Bridge Liquor [2011] NZLLA 652 (11 July 2011)

Last Updated: 23 August 2011

[2011] NZLLA 652-653

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/37/2010 issued to HHSU INVESTMENT GROUP LIMITED in respect of premises situated at 123 Coronation Road, Mangere, Auckland, known as "Mangere Bridge Liquor Wholesale"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/007/463/10 issued to CHUN JIN

BETWEEN THEVINDIERAN PILLAY

(Police Officer of Manukau)

Applicant

AND HHSU INVESTMENT GROUP LIMITED

First respondent

AND CHUN JIN

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Ms J D Moorhead

DECISION

We have before us applications by Constable T Pillay of Manukau Police dated 29 June 2011, for suspension of an off-licence and a General Manager’s Certificate following a controlled purchase operation conducted on Saturday 18 June 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 suspension of the off-licence and manager’s certificate. Accordingly, we make the following orders by consent:

(a) Off-licence number 008/OFF/37/2010, issued to HHSU Investment Group Limited, is suspended for five days from 9.00 am on Saturday 13 August 2011 until 9.00 am on Thursday 18 August 2011.

(b) General Manager’s Certificate number GM/007/463/10, issued to Chun Jin, is suspended for six weeks from Tuesday 1 November 2011.

DATED at WELLINGTON this 11th day of July 2011

B M Holmes
Secretary

Mangere Bridge Liquor & Chun Jin.doc(ab)