Dabb and Tagaloa v Clendon Super Liquor [2012] NZLLA 1168 (17 October 2012)

Last Updated: 8 November 2012

[2012] NZLLA 1168-1172

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications pursuant to s.132 of the Act for suspension of off-licence number 007/OFF/3239/2011 issued to W & L WATSON LIMITED in respect of premises situated at 459 Roscommon Road, Manurewa, Auckland, known as "Clendon Super Liquor"; and off-licence number 007/OFF/3212/2011 issued to

G BATH TRADERS LIMITED in respect of premises situated at Shop 4, 117 Rowandale Road, Manurewa, Auckland, known as "Rowandale Liquor"

AND

IN THE MATTER of applications pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/007/9169/10 issued to SUN MING YAN; and General Manager’s Certificate number GM/08/185/2010 issued to SUSAN WATSON; and General Manager’s Certificate number GM/08/142/2007 issued to GURMAIL SINGH

BETWEEN WESLEY ANDREW DABB

(Police Officer of Auckland)

AND GAIL TAGALOA

(Auckland District Licensing Agency Inspector)

Applicant

AND W & L WATSON LIMITED

G BATH TRADERS LIMITED

First respondents

AND SUN MING YAN

SUSAN WATSON

GURMAIL SINGH

Second respondents

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 W A Dabb of Manurewa Police and Ms G Tagaloa, Auckland District Licensing Agency Inspector dated 3 October 2012, for suspension of two off-licences and three General Managers’ Certificates following a controlled purchase operation conducted on Thursday 16 August 2012.

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 managers have 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-licences and managers’ certificates. Accordingly, we make the following orders by consent:

(a) Off-licence number 007/OFF/3239/2011, issued to W & L Watson Limited, is suspended for 48 hours from 9.30 am on Wednesday 28 November 2012.

(b) Off-licence number 007/OFF/3212/2011, issued to G Bath Traders Limited, is suspended for 48 hours from 9.00 am on Wednesday 28 November 2012.

(c) General Manager’s Certificate number GM/007/9169/10, issued to Sun Ming Yan, is suspended for three weeks from Monday 19 November 2012.

(d) General Manager’s Certificate number GM/08/185/2010, issued to Susan Watson, is suspended three for weeks from Monday 17 December 2012.

(e) General Manager’s Certificate number GM/08/142/2007, issued to Gurmail Singh, is suspended for three weeks from Monday 19 November 2012.

DATED at WELLINGTON this 17th day of October 2012

B M Holmes
Secretary

Clendon Super Liquor & Ors.doc(ab)