Suckling v Victoria Wines and Spirits [2012] NZLLA 2 (10 January 2012)

Last Updated: 25 January 2012

[2012] NZLLA 002-003

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/9066/2011 issued to ALBERT PARK TRADING LIMITED in respect of premises situated at 27-31 Victoria Street East, Auckland, known as "Victoria Wines & Spirits"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/0079827/11 issued to LISHUANG KE

BETWEEN BRIDGET JANE SUCKLING

(Police Officer of Auckland)

Applicant

AND ALBERT PARK TRADING LIMITED

First respondent

AND LISHUANG KE

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Dr J Horn
Ms J D Moorhead

DECISION

We have before us applications by Constable B J Suckling of Auckland Police, filed with the Authority on 26 October 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.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.

Acting on complaints that the premises had been observed making alleged sales of liquor to minors, the Police conducted a surveillance operation on Friday 30 September 2011.

A young male entered the premises known as “Victoria Wines & Spirits” and emerged a short time later with a six-pack of ‘Steinlager Pure’. He was stopped by the Police and admitted that he had purchased the liquor in the premises and he acknowleged that he was only 17 years of age. He had used an altered document of identification to make the purchase. The second respondent was not the sales person.

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/9066/2011, issued to Albert Park Trading Limited, is suspended for 24 hours from 9.00 am on Friday 10 February 2012.

(b) General Manager’s Certificate number 007GM/9827/11, issued to Lishuang Ke, is suspended for four weeks from Monday 13 February 2012.

DATED at WELLINGTON this 10th day of January 2012

B M Holmes
Secretary

Victoria Wines & Spirits and Lishuang Ke.doc(ab)