Hilterman v Angus [2006] NZLLA 389 (1 June 2006)

Last Updated: 4 April 2010

Decision No. PH 389/2006 –
PH 391/2006

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 on-licence number 024/ON/1/98 and off-licence number 024/OFF/1/98 issued to the partnership of SHERYL ELEANOR ANGUS and DENNIS WILLIAM ANGUS in respect of premises situated at Parimahana Drive, Kawerau, known as "Pinelands Motor Hotel"

AND

IN THE MATTER of applications pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM 4032/96 issued to SHERYL ELEANOR ANGUS; and General Manager’s Certificate number 025/26.13.30014 issued to MARGARET TIBBY

BETWEEN ADRIAN BERNARD HILTERMAN

(Police Officer of Whakatane)

Applicant

AND SHERYL ELEANOR ANGUS and

DENNIS WILLIAM ANGUS, trading in partnership

First respondent

AND SHERYL ELEANOR ANGUS

AND MARGARET TIBBY

Second respondents

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us applications by Sergeant B A Hilterman of Whakatane Police for suspension of on-licences and off-licences held by the partnership of Sheryl Eleanor Angus and Dennis William Angus in respect of premises situated at Parimahana Drive, Kawerau, and known as “Pinelands Motor Hotel”, and for suspension of General Managers’ Certificates held by Sheryl Eleanor Angus and Margaret Tibby.

The applications stem from a controlled purchase operation conducted in November 2005.

The grounds for the applications are that the premises have been conducted in breach of s.155(1) of the Act, and in breach of the conditions of the licences requiring the licensee to ensure that the provisions of the Act in relation to the sale of liquor to prohibited persons are observed. It is further contended that the managers have failed to conduct the premises in a proper manner.

Section 155(1) of the Sale of Liquor Act 1989 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 on Friday 4 November 2005 a male volunteer aged 17 years, was requested by the Police, pursuant to s.162(5) of the Act, to enter licensed premises in Kawerau, and attempt to purchase liquor.

In the case of the “Pinelands Motor Hotel”, separate purchases were made, first from one of the bars, and subsequently from the off-licensed area.

The volunteer was not asked to verify his age, nor was he required to provide any acceptable document of identification. Ms Angus did not conduct either of the sales, but was identified as the manager on duty at the time.

The same volunteer was later requested by the Police to apply a similar test at a bar in the “Kawerau Hotel”, where a sale was made by Ms Tibby, who was the manager on duty. Again, no questions were asked of the volunteer.

None of the respondents disputes the grounds for the applications, and they acknowledge that in any proceedings before the Authority, a period of suspension of the licences and certificate will be the likely outcome.

The respondents have been invited to consider a recommended term of suspension being imposed by the Authority, without the requirement to appear before us at a public hearing. They have expressed a willingness to adopt that course of action.

A request was made by the first respondent, for a 12-hour suspension of the on-licence, so as not to disadvantage customers of the TAB. There are other facilities available to the public and we are, therefore, not prepared to accede to the request.

Accordingly, having considered the recommendations from the applicant, we deal with the matters on the papers and we make the following orders:

(a) On-licence number 024/ON/1/98, issued to the partnership of Sheryl Eleanor Angus and Dennis William Angus, is suspended for 24 hours from 7.00 am on Friday 30 June 2006.

(b) Off-licence number 024/OFF/1/98, issued to the partnership of Sheryl Eleanor Angus and Dennis William Angus, is suspended for three days from 7.00 am on Friday 30 June 2006 until 7.00 am on Monday 3 July 2006.

(c) General Manager’s Certificate number GM 4032/96, issued to Sheryl Eleanor Angus, is suspended for two weeks from Monday 3 July 2006.

(d) General Manager’s Certificate number 025/26.13.30014, issued to Margaret Tibby, is suspended for one month from Saturday 1 July 2006.

DATED at WELLINGTON this 1st day of June 2006

______________________
B M Holmes
Deputy Secretary

Kawerau.doc(ab)