Aiava v AA Liquor [2012] NZLLA 910 (13 August 2012)

Last Updated: 23 August 2012

[2012] NZLLA 910-911

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/019/2010 issued to SHAKTI HOLDINGS LIMITED in respect of premises situated at 167-169 Mt Albert Road, Mt Albert, Auckland, known as "AA Liquor"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/007/1125/03 issued to AJAYKUMAR AGRAWAL

BETWEEN PENELOPE AIAVA

(Police Officer of Auckland)

Applicant

AND SHAKTI HOLDINGS LIMITED

First respondent

AND AJAYKUMAR AGRAWAL

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Ms J D Moorhead

DECISION

We have before us applications by Constable P Aiava of Auckland Police dated 9 July 2012, for suspension of an off-licence and a General Manager’s Certificate following a controlled purchase operation conducted on Saturday 16 June 2012.

The grounds for the applications are: that the premises have been conducted in breach of the provisions of the following sections of the Act:

(i) Section 155 – sale of liquor to a person under the age of 18 years; and
(ii) Section 164 – allowing a minor to be or to remain in a supervised area: and
(iii) Section 165 – unauthorised sale or supply; and

that the manager has failed to conduct the licensed premises in a proper manner.

We note that the respondents have twice before failed a similar test – see decisions NZLLA 606-607/2006 and [2011] NZLLA 826 and 827. Should there be a repeat occurrence we would expect the matter to be dealt with at a public hearing as the licence could be at risk.

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/019/2010, issued to Shakti Holdings Limited, is suspended for 7 days from 7.00 am on Monday 10 September 2012 until 7.00 am on Monday 17 September 2012.

(b) General Manager’s Certificate number GM/007/1125/03, issued to Ajaykumar Agrawal, is suspended for six weeks from Monday 10 September 2012.

DATED at WELLINGTON this 13th day of August 2012

B M Holmes
Secretary

AA Liquor & Ajay Agrawal.doc(ab)