An Auckland bottle shop that was caught selling alcohol to minors on three separate occasions has been granted its liquor licence.
By Torika Tokalau of Local Democracy Reporting
Black Bull Liquor Everglade in Goodwood Heights applied for a renewal of its off-licence at its South Auckland store in April last year.
The bottle shop, owned by NK Sahay Limited, had failed three controlled purchase operations (CPOs) in the past 11 years – in 2013, 2015 and most recently in 2024.
This all came under scrutiny at an Auckland District Licensing Committee (DLC) hearing in May.
Controlled purchase operations are run by Auckland Council's Alcohol Licensing Unit, police and the Auckland Regional Public Health Service to test whether alcohol retailers are complying with laws prohibiting sales to minors.
Black Bull Liquor Everglade operations manager Nilesh Kumar Sahay said he was excited about the renewal.
He said the last failed CPO in 2024 really bothered him, and it failed because of a former staff member.
"Before 2024, we hadn’t failed a CPO for nine years. I’ve placed all the measures to prevent it happening again. I work full time at the shop now and I’m in the process of employing more staff."
The off-licence renewal application received no objections from three reporting agencies, including police, but did receive several objections from the public who were concerned about the failed purchase operations.
In its decision released in June, the DLC granted a two-year off-licence renewal, satisfied the applicant was suitable.
DLC chairperson Katia Fraser said they accepted the objectors’ concerns, including the applicant’s previous CPO failures, however they were not satisfied that evidence established a renewal would be contrary to the object of the Sale and Supply of Alcohol Act.
"The inspector identified no recent or ongoing compliance concerns, no issues with the applicant’s manner of trading, and no noise, nuisance or vandalism likely attributable to the premises," she said.
"Neither the police nor the medical officer of health opposed renewal."
The DLC found the applicant suitable to continue holding a licence, although that finding was reached with caution because of the applicant’s previous CPO history.
"We have also found that the evidence does not establish that amenity and good order would be likely to be increased, by more than a minor extent, by the effects of refusing renewal."
Fraser said the risk of alcohol-related harm was not eliminated, but that was not the statutory test.
The DLC was satisfied that, with responsible management and appropriate conditions, the risk could be minimised to an acceptable level.
"However, given the applicant's history of failed CPOs, and the need for the applicant to demonstrate that its current systems are robust and durable, we consider that a truncated renewal period is appropriate."
She said a two-year renewal period would allow the applicant’s compliance, age-verification practices, staff training, manager oversight and incident recording systems to be assessed again within a shorter time frame.
“It will also provide the reporting agencies and the community with an opportunity to monitor the operation of the premises.”
LDR is local body journalism co-funded by RNZ and NZ On Air.
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