McDermott v Northern Wairoa Hotel Limited and Tindall [2008] NZLLA 119 (18 February 2008)

New Zealand Liquor Licensing Authority

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McDermott v Northern Wairoa Hotel Limited and Tindall [2008] NZLLA 119 (18 February 2008)

Last Updated: 26 January 2010

Decision No. 119-120/2008

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 003/OFF/7/2007 issued to NORTHERN WAIROA HOTEL LIMITED in respect of premises situated 70 Victoria Street, Dargaville, known as "Northern Wairoa Hotel Wholesale"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM 2385/97 issued to DAVID JOHN TINDALL

BETWEEN WENDY JOY MCDERMOTT

(Police Officer of Dargaville)

Applicant

AND NORTHERN WAIROA HOTEL LIMITED

First respondent

AND DAVID JOHN TINDALL

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Ms J D Moorhead

DECISION

We have before us applications by Constable W J McDermott of Dargaville Police for suspension of an off-licence and a General Manager’s Certificate following a controlled purchase operation in the Dargaville area.

The grounds for the applications are that: the premises have been conducted in breach of the provisions of s.155 of the Act; i.e. sale of liquor to a person under 18 years of age; and the manager has failed to conduct the licensed premises in a proper manner.

More particularly it is alleged that on Saturday 25 August 2007, a male volunteer aged 16 years was requested by the Police to enter licensed premises known as “Northern Wairoa Hotel Wholesale” and attempt to purchase liquor. The volunteer bought a 4 pack of Bourbon and Cola Woodstock cans. The sales person completed the transaction without any question as to the volunteer’s age, and without any request for identification.

The sales person was not the holder of a manager’s certificate but the transaction took place while the duty manager was in another room. The duty manager accepted that the purchaser should have been required to prove his ability to buy liquor.

The respondents do not dispute the grounds for the applications, and it is accepted that suspension of the licence and manager’s certificate is appropriate.

Constable McDermott has invited the respondents to consider the option of imposition by the Authority of a term of suspension, without the requirement to attend a public hearing. That course of action has been adopted.

Accordingly, having considered the recommendations from the Police we will deal with the matters on the papers. We now make the following orders:

(a) Off-licence number 003/OFF/7/2007, issued to Northern Wairoa Hotel Limited, is suspended for 24 hours from 9.00 am on Friday 14 March 2008.

(b) General Manager’s Certificate number GM 2385/97, issued to David John Tindall, is suspended for 15 days from Monday 17 March 2008.

DATED at WELLINGTON this 18th day of February 2008.

______________________
B M Holmes
Deputy Secretary

NorthernWairoaHotelWholesale.doc