De'ath and Richardson v Poenamo Super Liquor [2012] NZLLA 311 (26 March 2012)

Last Updated: 16 April 2012

[2012] NZLLA 311-313

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 005/OFF/16/2008 issued to PP & G BASRA LIMITED in respect of premises situated at 3 Sunnybrae Road, Northcote, Auckland, known as "Poenamo Super Liquor"

AND

IN THE MATTER of applications pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 005/GM/103/2009 issued to RAVINDER SINGH BASRA; and General Manager’s Certificate GM/005/124/2010 number issued to LAURICE GAITAU

BETWEEN RACHAEL DE’ATH

(Police Officer of Auckland)

AND PETER NORMAN RICHARDSON

(Auckland District Licensing Agency Inspector)

Applicants

AND PP & G BASRA LIMITED

First respondent

AND RAVINDER SINGH BASRA

LAURICE GAITAU

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us applications filed jointly by Constable R De’Ath of Auckland Police and Mr P N Richardson, Auckland District Licensing Agency Inspector dated 13 March 2012, for suspension of an off-licence and two General Managers’ Certificates following a controlled purchase operation conducted on Saturday 3 December 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 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-licence and managers’ certificates. However, in a memorandum to the Authority from the licensee dated 14 March 2012 it is contended that, while it is acknowledged that the managers have erred, the licensee has significant safeguards in place to minimise breaches of the Act of the nature described in the enforcement applications. The licensee is of the view that the recommended penalty of a 24 hour closure is manifestly unfair and should either be waived or negotiated for a different trading day of the week from that on which the offence occurred.

It is common wisdom that the Authority includes in the suspension order the day of the week upon which the breach occurs unless there are compelling reasons to do otherwise. We note that this is not the first time that this licensee has failed the test in a controlled purchase operation (albeit in different premises). We see no reason to depart from our generally adopted approach in this instance. Accordingly, we make the following orders by consent:

(a) Off-licence number 005/OFF/16/2008, issued to PP & G Basra Limited, is suspended for 24 hours from 9.00 am on Saturday 28 April 2012.

(b) General Manager’s Certificate number GM/005/103/2009, issued to Ravinder Singh Basra, is suspended for six weeks from Monday 30 April 2012.

(c) General Manager’s Certificate number GM/005/124/2010, issued to Laurice Gaitau, is suspended for four weeks from Monday 11 June 2012.

DATED at WELLINGTON this 26TH day of March 2012

B M Holmes
Secretary

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