Clement v Pickering [2006] NZLLA 1016 (21 November 2006)

Last Updated: 4 February 2010

Decision No. 1016/2006

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 002/GM/9/2006 issued to SARAH POAWAI PICKERING

BETWEEN HOWARD PHILIP CLEMENT

(Police Officer of Whangarei)

Applicant

AND SARAH POAWAI PICKERING

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Ms P A Ballard

DECISION

We have before us an application by Sergeant H P Clement of Whangarei Police for suspension of a General Manager’s Certificate held by Sarah Poawai Pickering.

The grounds for the application are that the manager is not a fit and proper person to hold the certificate, and has failed to conduct licensed premises in a proper manner.

More particularly it is alleged that on Friday 6 October 2006 a male volunteer aged 16 years was requested by Police, pursuant to s.162(5) of the Act, to enter the “Port Arms Tavern” and attempt to purchase liquor.

The volunteer bought two bottles of ready-to-drink spirits and mix (RTDs) without being asked his age or being required to provide any proof of identity. The sales person was the respondent, who was identified as the duty manager at the time the sale took place.

Ms Pickering does not dispute the grounds for the application. She accepts that in any proceedings before the Authority suspension of her manager’s certificate is the likely outcome.

Following discussion with the applicant Ms Pickering is prepared to have a term of suspension imposed without the requirement to appear before us at a public hearing.

Having considered the recommendation from Sergeant Clement we will deal with the matter on the papers and we make the following order:

General Manager’s Certificate number 002/GM/9/2006, issued to Sarah Poawai Pickering, is suspended for four weeks from Monday 8 January 2007.

DATED at WELLINGTON this 21st day of November 2006

______________________
B M Holmes
Deputy Secretary

S P Pickering.doc(ab)