Loye v St Lukes Liquor Centre [2012] NZLLA 912 (13 August 2012)

Last Updated: 23 August 2012

[2012] NZLLA 912-913

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/9136/2011 issued to BP INNOVATIVE LIMITED in respect of premises situated at 55 Sainsbury Road, Mt Albert Road, Auckland, known as "St Lukes Liquor Centre"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/005/4/2010 issued to SACHIN KUMAR

BETWEEN JASON PETER LOYE

(Police Officer of Auckland)

Applicant

AND BP INNOVATIVE LIMITED

First respondent

AND SACHIN KUMAR

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 Sergeant J P Loye 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.

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/9136/2011, issued to BP Innovative Limited, is suspended for 48 hours from 9.00 am on Saturday 8 September 2012.

(b) General Manager’s Certificate number GM/005/4/2010, issued to Sachin Kumar, is suspended for one month from Monday 10 September 2012.

DATED at WELLINGTON this13th day of August 2012

B M Holmes
Secretary

St Lukes Liquor Centre & Sachin Kumar.doc(ab)