Haydon v Russell Road Liquor [2012] NZLLA 359 (10 April 2012)

Last Updated: 28 May 2012

[2012] NZLLA 359-360

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/79/2009 issued to SAHOTA LIMITED in respect of premises situated at 70-72 Russell Road,Manurewa, Auckland, known as "Russell Road Liquor"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/07/3413/2011 issued to KIRPAL SINGH SAHOTA

BETWEEN MICHAEL HAYDON

(Police Officer of Manukau)

Applicant

AND SAHOTA LIMITED

First respondent

AND KIRPAL SINGH SAHOTA

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Mr P M McHaffie

DECISION

We have before us applications by Constable M Haydon of Manukau Police dated 27 March 2012, for suspension of an off-licence and a General Manager’s Certificate following a controlled purchase operation conducted on Friday 9 March 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 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/79/2009, issued to Sahota Limited, is suspended for 24 hours from 9.00 am on Friday 11 May 2012.

(b) General Manager’s Certificate number GM/07/3413/2011, issued to Kirpal Singh Sahota, is suspended for four weeks from Monday 14 May 2012.

We note that Mr Sahota has accepted a recommendation that his General Manager’s Certificate only be renewed for 12 months when next it is due to expire in October 2012. The renewal application will require to be forwarded to our Secretary in due course.

DATED at WELLINGTON this 10th day of April 2012

B M Holmes
Secretary

Russell Road Liquor & Kirpal Sahota.doc(ab)