McDonald v Strange [2006] NZLLA 155 (8 March 2006)

Last Updated: 22 February 2010

Decision No. PH 155/2006

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 015/GM/509/05 issued to EMMA LOUISE STRANGE

BETWEEN DANA McDONALD

(Police Officer of Hamilton)

Applicant

AND EMMA LOUISE STRANGE

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr J C Crookston

HEARING at HAMILTON on 1 March 2006

APPEARANCES

No appearance by or on behalf of applicant
No appearance by or on behalf of respondent
Mr T P Van Der Heijden – Hamilton District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application for the suspension of a General Manager’s Certificate issued to Emma Louise Strange. The application follows a controlled purchase operation which was conducted by the Hamilton Police along with the Hamilton District Licensing Agency. The operation was conducted over 2 and 3 September 2005. The premises which were managed by Ms Strange were visited on 3 September 2005.

[2] A young volunteer was able to purchase a four pack of “Vodka Cruisers” without any identification being requested. The recorded duty manager was said to be Emma Strange. There has been difficulty in serving the application on Ms Strange, and the file indicates that there has been no contact with her. Not unnaturally, she did not appear. On the other hand there was no appearance by the Police at the hearing either. Attempts have been made to contact the Police without success.

[3] In those circumstances we have no option other than to dismiss the application.

DATED at WELLINGTON this 8th day of March 2006

Judge E W Unwin Mr J C Crookston
Chairman Member

Emma Strange.doc(aw)