Hepburn v Lane Group Limited [2006] NZLLA 190 (20 March 2006)

Last Updated: 27 February 2010

Decision No. PH 190/2006

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 069/OFF/19/2001 issued to LANE GROUP LIMITED in respect of premises situated at 2 Regent Road, Dunedin, known as "Regent Night ‘n’ Day"

BETWEEN MARTIN CLAUD HEPBURN

(Police Officer of Dunedin)

Applicant

AND LANE GROUP LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us an application by Sergeant M C Hepburn of Dunedin Police, for suspension of an off-licence held by Lane Group Limited, in respect of premises at 2 Regent Road, Dunedin, known as “Regent Night ‘n’ Day”

The application has been made as a consequence of a controlled purchase operation conducted jointly by Police and Dunedin District Licensing Agency staff during August last year.

The basis of the application is that the premises have been conducted in breach of s.155(1) of the Act, which creates an offence for any person who, being the licensee or 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.

More particularly it is alleged that on 13 August 2005, a female volunteer then aged 16 years and four months, was requested by Police pursuant to s.162(5) of the Act, to enter the respondent’s premises and attempt to purchase liquor.

A purchase was duly made without the salesperson challenging the volunteer as to her age, or requesting production of any document of identification.

The respondent does not dispute the grounds for the application, and acknowledges that proof of the unlawful sale has been established.

Police have entered into dialogue with the licensee, and have suggested that in any proceedings before the Authority, a period of suspension of the off-licence is the probable outcome. During these discussions the respondent was asked to consider a suggestion that the business cease trading in liquor for an agreed period, thereby obviating the requirement to appear before us at a public hearing.

The respondent has indicated acceptance of this recommendation.

Accordingly, having considered the recommendation from Sergeant Hepburn, we will deal with the matter on the papers, and we make the following order:

Off-licence number 069/OFF/19/2001, issued to Lane Group Limited, is suspended for three days from 7.00 am on Saturday 1 April 2006 until 7.00 am on Tuesday 4 April 2006.

DATED at WELLINGTON this 20th day of March 2006

______________________
B M Holmes
Deputy Secretary

RegentNight’n’Day.doc(ab)