Harris v Low and others [2006] NZLLA 182 (17 March 2006)

Last Updated: 27 February 2010

Decision No. PH 182/2006 –
PH 185/2006

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications pursuant to s.132 of the Act for suspension of off-licence number 073/LOF/822/00 issued to GREGORY GORDON LOW in respect of premises situated at 86 Gore Street, Bluff, known as "Golden Age Hotel"; and off-licence number 073/LOF/1758/02 issued to NEW EAGLE HOTEL LIMITED in respect of premises situated at 134 Gore Street, Bluff, known as "New Eagle Hotel"

AND

IN THE MATTER of applications pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 073/GM/5573/2002 issued to GREGORY GORDON LOW; and General Manager’s Certificate number GM/654/94 issued to TERENCE JOSEPH MILLANE

BETWEEN ARTHUR JOHN HARRIS

(Police Officer of Invercargill)

Applicant

AND GREGORY GORDON LOW

AND NEW EAGLE HOTEL LIMITED

First respondents

AND GREGORY GORDON LOW

AND TERENCE JOSEPH MILLANE

Second respondents

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us applications by Sergeant A J Harris of Invercargill Police for suspension of two off-licences and two General Managers’ Certificates following a controlled purchase operation undertaken by Police in Bluff in October last.

The grounds for the applications are that the licensed premises have been conducted in breach of ss.155(1) and 164(1) of the Act; and that the managers have failed to conduct the licensed premises in a proper manner.

Section 155 creates an offence for any person who, being the licensee or a manager of any licensed premises, sells or supplies any liquor, or allows any liquor to be sold or supplied, on or from the licensed premises to any person who is under the age of 18 years.

Section 164 creates an offence for any person who, being the licensee or manager of any licensed premises, allows any person who is under the age of 18 years to enter or remain in any restricted area or supervised area on the licensed premises in contravention of section 163 of the Act.

More particularly it is alleged that on 21 October 2005, a female volunteer aged 15 years, was requested by Police, pursuant to s.162(5) of the Act, to enter each of licensed premises and attempt to purchase liquor.

In both cases of a successful purchase was made. In neither premises was the volunteer challenged as to her age, nor was she required to produce any acceptable document of identification.

Each of the second respondents was the manager on duty at the time, and in one instance the manager made the unlawful sale.

None of the respondents dispute the grounds for the applications, and they acknowledge that suspension of the off-licences and managers’ certificates is appropriate.

After discussion with the applicant, the respondents have consented to have periods of suspension imposed by the Authority without the requirement to appear before us at a public hearing.

Having considered the recommendations from the Police, we consider them to be commensurate with the scale of offending, and we are prepared to deal with the matters on the papers. Accordingly, we make the following orders:

(a) Off-licence number 073/LOF/822/00, issued to Gregory Gordon Low, is suspended for three days from 7.00 am on Wednesday 5 April 2006 until 7.00 am on Saturday 8 April 2006.

(b) Off-licence number 073/LOF/1758/02, issued to New Eagle Hotel Limited, is suspended for three days from 9.00 am on Wednesday 5 April 2006 until 9.00 am on Saturday 8 April 2006.

(c) General Manager’s Certificate number 073/GM/5573/2002, issued to Gregory Gordon Low, is suspended for three weeks from Monday 3 April 2006.

(d) General Manager’s Certificate number GM/654/94, issued to Terence Joseph Millane, is suspended for three weeks from Monday 3 April 2006.

DATED at WELLINGTON this 17th day of March 2006

______________________
B M Holmes
Deputy Secretary

Golden Age.doc(ab)