Ranger v Joella Limited [2006] NZLLA 365 (25 May 2006)

Last Updated: 1 April 2010

Decision No. PH 365/2006

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 011/OFF/102/2004 issued to JOELLA LIMITED in respect of premises situated at 308 Aickin Road, Whangamata, known as "New World"

BETWEEN VINCENT JOHN RANGER

(Police Officer of Whangamata)

Applicant

AND JOELLA LIMITED

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 V J Ranger of Whangamata Police for suspension of an off-licence held by Joella Limited in respect of premises situated at 308 Aickin Road, Whangamata, known as “New World”.

The grounds for the application are that the premises have been conducted in breach of s.155(1) of the Sale of Liquor Act 1989, which 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.

More particularly it is alleged that during a controlled purchase operation conducted by the Police in Whangamata on 19 April 2006, a 15 year-old male volunteer was instructed by the Police to enter the respondent’s premises and attempt to purchase liquor. This procedure is undertaken pursuant to s.162(5) of the Act.

The volunteer successfully purchased of a carton of beer without being challenged as to his age, and without being required to produce any acceptable document of identification.

The summary of facts from Sergeant Ranger records that a similar offence occurred on the premises in February last. On that occasion the licensee received a warning.

The respondent has offered no explanation for the lapse, and does not dispute the grounds for the application. The respondent further acknowledges that suspension of the off-licence is appropriate, and accepts that such a sanction will be the likely outcome of any proceedings before the Authority.

The applicant invited the licensee to consider imposition of a term of suspension of the off-licence by the Authority, by consent, without the requirement to appear before us at a public hearing.

The respondent has elected to adopt that course of action, and has indicated acceptance of the suspension period recommended by Sergeant Ranger.

Having considered the recommendation from the applicant, we are prepared to deal with the matter on the papers. Accordingly, we make the following order:

Off-licence number 011/OFF/102/2004, issued to Joella Limited, is suspended for five days from 8.00 am on Sunday 18 June 2006 until 8.00 am on Friday 23 June 2006.

DATED at WELLINGTON this 25th day of May 2006

______________________
B M Holmes
Deputy Secretary

WhangamataNewWorld.doc(ab)