Pillay v Portage Road Discount Liquor Store [2012] NZLLA 193 (5 March 2012)

Last Updated: 19 March 2012

[2012] NZLLA 193-194

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 007/OFF/3226/2011 issued to YASH INVESTMENTS LIMITED in respect of premises situated at Shop 5, 51 Portage Road, Papatoetoe, Auckland, known as "Portage Road Discount Liquor Store"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/007/3287/2011 issued to RAVIDEEP SHARMA

BETWEEN THEVINDIERAN PILLAY

(Police Officer of Manukau)

Applicant

AND YASH INVESTMENTS LIMITED

First respondent

AND RAVIDEEP SHARMA

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us applications by Constable T Pillay of Manukau Police dated 19 April 2011, for suspension of an off-licence and a General Manager’s Certificate.

The grounds for the applications are: that the premises have been conducted in breach of the provisions of s.166 of the Act – sale of liquor to an intoxicated person; 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 007/OFF/3226/2011, issued to Yash Investments Limited, is suspended for 24 hours from 9.00 am on Monday 16 April 2012.

(b) General Manager’s Certificate number GM/007/3287/2011, issued to Ravideep Sharma, is suspended for three weeks from 1 April 2012.

DATED at WELLINGTON this 5TH day of March 2012

B M Holmes
Secretary

Portage Road & Ravideep Sharma.doc(ab)