De'ath v Liquor People [2012] NZLLA 665 (11 June 2012)

Last Updated: 17 July 2012

[2012] NZLLA 665-666

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/16/2011 issued to XING SHENG LIMITED in respect of premises situated at 30-40 Birkenhead Avenue, Birkenhead, Auckland, known as "Liquor People"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/007/104/2011 issued to MAO LI

BETWEEN RACHAEL DE’ATH

(Police Officer of Auckland)

Applicant

AND XING SHENG LIMITED

First respondent

AND MAO LI

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.

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.

On Friday 20 April 2012 a member of Police on foot patrol observed a young male enter licensed premises known as “Liquor People”. The officer positioned himself in such a manner as to be able to watch activity in the premises from across the road.

He observed the male at the counter, and then watched him exit the premises with a carton of ready-mixed beverages (RTDs) in a plastic bag and walk to a bus stop. The officer approached the male and asked him for identification but he did not have any.

The male admitted to being 17 years of age, but he initially denied that he had purchased the alcohol. He subsequently acknowledged that he had bought it and that the salesperson, whom he identified as Asian, had not asked for any identification.

The officer entered the licensed premises and spoke to the manager, Mao Li, who recalled selling the liquor to the young male. He stated that he did not ask for identification because he thought the customer was about 20 years old.

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/16/2011, issued to Xing Sheng Limited, is suspended for 24 hours from 11.00 am on Friday 13 July 2012.

(b) General Manager’s Certificate number GM/007/104/2011, issued to Mao Li, is suspended for four weeks from Monday 16 July 2012.

DATED at WELLINGTON this 12th day of June 2012

B M Holmes
Secretary

Liquor People & Mao Li.doc(ab)