Parata v Countdown [2010] NZLLA 1476 (7 December 2010)

Last Updated: 17 December 2010

[2010] NZLLA 1476-1477

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 052/OFF/LIQ.1154.01 issued to GENERAL DISTRIBUTORS LIMITED in respect of premises situated at 51 Arthur Street, Blenheim, known as "Countdown"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM 1662/98 issued to ROBERT BRUCE HARDY

BETWEEN NAERA PARATA

(Police Officer of Blenheim)

Applicant

AND GENERAL DISTRIBUTORS LIMITED

First respondent

AND ROBERT BRUCE HARDY

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Members: Dr J Horn

DECISION

We have before us applications by Senior Sergeant N Parata of Blenheim Police dated 2 August 2010, for suspension of an off-licence and a General Manager’s Certificate following a controlled purchase operation conducted on Wednesday 9 June 2010.

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

These premises have twice before failed the test in controlled purchase operations the first being in June 2006 and the second in March 2008. While it might be considered that there was a significant lapse of time between each of the incidents it inevitably leads us to the perception that the safeguards reputedly put in place to prevent such unlawful sales are not sufficiently robust.

The respondents do not dispute the grounds for the applications and they have agreed to suspension of the off-licence and manager’s certificate. The Police have recommended a term of suspension that reflects how seriously this third failure is viewed.

We would comment that controlled purchase operations have been an accepted method of testing licensees’ compliance with the provisions of the Act for some considerable time. Should there be any further similar breach in these premises we anticipate that the respondent will be required to appear before the Authority at a public hearing to explain its shortcomings.

In the meantime we make the following orders by consent:

(a) Off-licence number 052/OFF/LIQ1154.01, issued to General Distributors Limited, is suspended for eight days from 7.00 am on Wednesday 2 February 2011 until 7.00 am on Thursday 10 February 2011.

(b) General Manager’s Certificate number GM 1662/98, issued to Robert Bruce Hardy, is suspended for four weeks from Monday 31 January 2011.

DATED at WELLINGTON this 7th day of December 2010

______________________
B M Holmes
Secretary

Countdown & R Hardy.doc(ab)