Clement v Tokatoka Tavern (2003) Limited and others [2006] NZLLA 549 (31 July 2006)

New Zealand Liquor Licensing Authority

[Index] [Search] [Download] [Help]

---

Clement v Tokatoka Tavern (2003) Limited and others [2006] NZLLA 549 (31 July 2006)

Last Updated: 30 January 2010

Decision No. 549/2006 –
552/2006

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 003/OFF/12/2003 issued to TOKATOKA TAVERN (2003) LIMITED in respect of premises situated at State Highway 12, Tokatoka, known as "Tokatoka Tavern"; and off-licence number 003/OFF/9/2004 issued to AW & LE BOBBETTE LIMITED in respect of premises situated at 16 Freyberg Road, Ruawai, known as "Ruawai Hotel"

AND

IN THE MATTER of applications pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM003/10/2004 issued to WILLIAM HENRY DIXON HOVELL; and General Manager’s Certificate number GM003/46/2004 issued to LENA ELLEN BOBBETTE

BETWEEN HOWARD PHILIP CLEMENT

(Police Officer of Whangarei)

Applicant

AND TOKATOKA TAVERN (2003) LIMITED

AW & LE BOBBETTE LIMITED

First respondents

AND WILLIAM HENRY DIXON HOVELL

LENA ELLEN BOBBETTE

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 H P Clement of Whangarei Police for suspension of off-licences and managers’ certificates following a controlled purchase operation conducted in the Kaipara licensing district in March 2006.

The grounds for the applications are 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 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; and that the managers have failed to conduct the licensed premises in a proper manner.

More particularly it is alleged that on Friday 17 March 2006, a male volunteer then aged 17 years was requested by the Police, pursuant to s.162(5) of the Act, to enter the respondents’ premises and attempt to purchase liquor.

The volunteer succeeded in making purchases without being challenged as to his age, and without having to provide any acceptable document of identification.

The grounds for the applications are not disputed, and the respondents acknowledge that suspension of the licences and certificates is appropriate, and the probable outcome of any proceedings before the Authority.

Sergeant Clement has reached an accord with the respondents whereby they have confirmed that they will accept imposition by the Authority of a recommended term of suspension without the requirement to appear at a public hearing.

In the circumstances, having considered the recommendations from the applicant, we are prepared to deal with the matters on the papers. Accordingly, we make the following orders:

(a) Off-licence number 003/OFF/12/2003, issued to Tokatoka Tavern (2003) Limited, is suspended for three days from 7.00 am on Wednesday 23 August 2006 until 7.00 am on Saturday 26 August 2006.

(b) Off-licence number 003/OFF/9/2004, issued to AW & LE Bobbette Limited, is suspended for three days from 9.00 am on Wednesday 23 August 2006 until 9.00 am on Saturday 26 August 2006.

(c) General Manager’s Certificate number GM003/10/2004, issued to William Henry Dixon Hovell, is suspended for three weeks from Monday 21 August 2006.

(d) General Manager’s Certificate number GM003/46/2004, issued to Lena Ellen Bobbette, is suspended for four weeks from Monday 21 August 2006.

DATED at WELLINGTON this 31st day of July 2006

______________________
H Kendall
Secretary

KaiparaCPO2.doc(ab)