Lally v Onehunga Liquor Store [2012] NZLLA 932 (15 August 2012)

Last Updated: 3 September 2012

[2012] NZLLA 932-934

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/9073/2102 issued to AARTI ENTERPRISES LIMITED in respect of premises situated at 28 Waitangi Road, Onehunga, Auckland, known as "Onehunga Liquor Store"

AND

IN THE MATTER of applications pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/08/118/2002 issued to PRASHANT HIRALAL PATEL; and General Manager’s Certificate number GM/007/561/10 issued to SANGITA PRASHANT PATEL

BETWEEN CHRISTOPHER DAVID LALLY

(Police Officer of Auckland)

Applicant

AND AARTI ENTERPRISES LIMITED

First respondent

AND PRASHANT HIRALAL PATEL

SANGITA PRASHANT PATEL

Second respondents

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us applications by Sergeant C D Lally of Mt Wellington Police dated 7 August 2012, for suspension of an off-licence and two General Managers’ Certificates 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 s.155 of the Act – sale of liquor to a person under 18 years of age; and that the managers have 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 managers’ certificates. Accordingly, we make the following orders by consent:

(a) Off-licence number 007/OFF/9073/2012, issued to AARTI Enterprises Limited, is suspended for four days from 7.00 am on Saturday 25 August 2012 until 7.00 am on Wednesday 29 August 2012.

(b) General Manager’s Certificate number GM/08/118/2002, issued to Prashant Hiralal Patel, is suspended for one month from 1 September 2012.

(c) General Manager’s Certificate number GM/007/561/10, issued to Sangita Prashant Patel, is suspended for one month from 1 October 2012.

DATED at WELLINGTON this 15th day of August 2012

B M Holmes
Secretary

Onehunga Liquor Store & P and S Patel.doc(ab)