De'ath v Albany Liquor [2012] NZLLA 662 (11 June 2012)

Last Updated: 17 July 2012

[2012] NZLLA 662-663

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/4/2006 issued to TORBAY CELLARS CO. LIMITED in respect of premises situated at 6/38 William Pickering Drive, Albany, Auckland, known as "Albany Liquor"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM 4808/97 issued to SOO BACK LEE

BETWEEN RACHAEL DE’ATH

(Police Officer of Auckland)

Applicant

AND TORBAY CELLARS CO. LIMITED

First respondent

AND SOO BACK LEE

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us applications by Constable R De’Ath of North Shore Police dated 29 May 2012, for suspension of an off-licence and a General Manager’s Certificate following a controlled purchase operation conducted on Saturday 19 May 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 005/OFF/4/2006, issued to Torbay Cellars Co. Limited, is suspended for 24 hours from 9.00 am on Saturday 14 July 2012.

(b) General Manager’s Certificate number GM 4808/97, issued to Soo Back Lee, is suspended for four weeks from Monday 16 July 2012.

DATED at WELLINGTON this 11th day of June 2012

B M Holmes
Secretary

Albany Liquor & Soo Lee.doc(ab)