Parata v General Distributors Limited and others [2006] NZLLA 684 (13 September 2006)

Last Updated: 31 January 2010

Decision No. 684/2006 –
708/2006

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 052/OFF/LIQ1154.01 issued to GENERAL DISTRIBUTORS LIMITED in respect of premises situated at the corner of Arthur Street and Seymour Street, Blenheim, known as "Countdown"; and off-licence number 052/OFF/3/2001 issued to C H & L M SMITS LIMITED in respect of premises situated at 100 High Street, Picton, known as "Picton Supervalue"; and off-licence number 052/OFF/LIQ652.01 issued to DERRY TRADERS LIMITED in respect of premises situated at 133 Middle Renwick Road, Blenheim, known as "Fresh Choice Springlands"; and off-licence number 052/OFF/LIQ2474 issued to ROBERTSON AND MUIR LIMITED in respect of premises situated at 15 Nelson Square, Picton, known as "Crow Tavern"; and off-licence number 052/OFF/LIQ1279.01 issued to the partnership of LESLIE JOHN HOPE and MAURICE JOHN McQUILLAN in respect of premises situated at 19 Grove Road, Blenheim, known as "Grove Road Superliquor"; and off-licence number 052/OFF/LIQ0601.01 issued to MICHAEL JAMES RICHARDSON in respect of premises situated at 18 High Street, Picton, known as "Mikey’s Bar"; and off-licence number 052/OFF/LIQ1929 issued to BLENHEIM FOODSTORE LIMITED in respect of premises situated at 60 Main Street, Blenheim, known as "Blenheim Night and Day";

and off-licence number 052/OFF/11/2002 issued to the partnership of DAVID ANDREW MEIKLE and JANENE MARY MEIKLE in respect of premises situated at 49 High Street, Picton, known as "Picton Four Square" and off-licence number 052OFF/LIQ1934.01 issued to THREE STORES LIMITED in respect of premises situated at 43 Wellington Street, Picton, known as "Picton Liquor Centre"; and off-licence number 052/OFF/LIQ2545 issued to the partnership of KYONG GOOK (ROBERT) SOHN and KYONG OK (CHRISTINA) SOHN in respect of premises situated at 100 Waikawa Road, Picton, known as "Picton Superette"; and off-licence number 052/OFF/LIQ0853.01 issued to ALLAN MORRIS WITHERS in respect of premises situated at State Highway 1, Spring Creek, Blenheim, known as "The Creek Foodmarket"; and off-licence number 052/OFF/43/2001 issued to WOODBOURNE TAVERN 2001 LIMITED in respect of premises situated at 76/80 High Street, Renwick, known as "Woodbourne Tavern"; and off-licence number 052/OFF/1/2002 issued to JUNCTION FERRYMAN 1996 LIMITED in respect of premises situated at State Highway 1, Spring Creek, known as "Junction Hotel"

AND

IN THE MATTER of applications pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 052/GM/LIQ2752 issued to LISA GAYE SELWYN; and General Manager’s Certificate number 052/GM/LIQ2378 issued to STEPHANIE SILVANA FREEMANTLE; and General Manager’s Certificate number 052/GM/LIQ1951 issued to ANNETTE BESSIE MEARS; and General Manager’s Certificate number 052/GM/LIQ2501 issued to NIGEL JAMES ROBERTSON; and General Manager’s Certificate number GM/023/748/2002 issued to SHELLEY MAREE LINDLEY (formerly LUCKMAN) and General Manager’s Certificate number GM/2674/90 issued to MICHAEL JAMES RICHARDSON; and General Manager’s Certificate number 052/GM/LIQ1940 issued to ANNAMARIA ELIZABETH ANGUS; and General Manager’s Certificate number 052/GM/LIQ2734 issued to BERYL TAIT; and General Manager’s Certificate number 052/GM/LIQ2816 issued to KEVIN REX BURTON; and General Manager’s Certificate number 052/GM/LIQ2521 issued to KYONG GOOK ROBERT SOHN; and General Manager’s Certificate number GM/2889/95 issued to ROBERT LEIGH CLIMO; and General Manager’s Certificate number 052/GM/LIQ1844 issued to RICKY MARTIN

BETWEEN NAERA PARATA

(Police Officer of Blenheim)

Applicant

AND GENERAL DISTRIBUTORS LIMITED

C H & L M SMITS LIMITED

DERRY TRADERS LIMITED

ROBERTSON AND MUIR
LIMITED

LESLIE JOHN HOPE and MAURICE JOHN McQUILLAN, trading in partnership

MICHAEL JAMES RICHARDSON

BLENHEIM FOODSTORE LIMITED

DAVID ANDREW MEIKLE and JANENE MARY MEIKLE, trading in partnership

THREE STORES LIMITED

KYONG GOOK (ROBERT) SOHN and KYONG OK (CHRISTINA) SOHN, trading in partnership

ALLAN MORRIS WITHERS

WOODBOURNE TAVERN 2001 LIMITED

JUNCTION FERRYMAN 1996 LIMITED

First respondents

AND LISA GAYE SELWYN

STEPHANIE SILVANA FREEMANTLE

ANNETTE BESSIE MEARS

NIGEL JAMES ROBERTSON

SHELLEY MAREE LINDLEY

MICHAEL JAMES RICHARDSON

ANNAMARIA ELIZABETH ANGUS

BERYL TAIT

KEVIN REX BURTON

KYONG GOOK ROBERT SOHN

ROBERT LEIGH CLIMO

RICKY MARTIN

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 N Parata of Blenheim Police for suspension of off-licences and managers’ certificates following a controlled purchase operation conducted in the Marlborough licensing district in June 2006.

The grounds for the applications pursuant to s.132 of the Act are that the premises have been conducted in breach of s.155(1), 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 premises have been conducted in breach of the condition of the licence relating to the sale of liquor to prohibited persons.

The grounds for the applications pursuant to s.135 are that the managers have failed to conduct the premises in a proper manner.

More particularly it is alleged that on 8 and 9 June last off-licensed premises in Blenheim and Picton were tested in a controlled purchase operation, in order to monitor compliance with the provisions of the Sale of Liquor Act 1989.

Two male volunteers, at the time aged 17 years and one month and 16 years and seven months, were requested by the Police pursuant to s.162(5) of the Act, to entered the licensed premises identified in these applications and attempt to purchase liquor. The volunteers carried no documents of identification.

Successful purchases were made in every instance without the volunteer being challenged as to age. Two sales persons asked if the volunteers has any ID, but when it was not forthcoming the sales were made notwithstanding, with an enjoinder in one instance to ‘bring it with you next time’.

Given the current degree of adverse publicity surrounding the apparent ease with which young persons are able to gain access to liquor, we deplore the failure of so many premises to meet the test. These results are very disappointing.

Applications of this nature commonly require that the licensees and managers appear before us, at a public hearing, to explain why their systems failed. In the current instances, the Police have taken the initiative, and have approached the respondents, with a view to dealing with the matters in a simpler and more timely fashion. There have been a number of discussions about what improvements need to be made to the present systems.

The grounds for the applications are not disputed, and the respondents have acknowledged their culpability. They have agreed to a recommendation by the Police that the Authority give consideration to imposition of a term of suspension of the off-licences and certificates, without the need for any appearance before us.

Having considered the recommendations from Sergeant Parata we are prepared to deal with the matters on the papers. Accordingly, we now make the following orders:

(a) Off-licence number 052/OFF/LIQ1154.01, issued to General Distributors Limited, is suspended for two days from 7.00 am on Tuesday 10 October 2006 until 7.00 am on Thursday 12 October 2006.

(b) Off-licence number 052/OFF/3/2001, issued to C H & L M Smits Limited, is suspended for two days from 7.00 am on Tuesday 10 October 2006 until 7.00 am on Thursday 12 October 2006.

(c) Off-licence number 052/OFF/LIQ652.01, issued to Derry Traders Limited, is suspended for two days from 7.00 am on Tuesday 17 October 2006 until 7.00 am on Thursday 19 October 2006.

(d) Off-licence number 052/OFF/LIQ2474, issued to Robertson and Muir Limited, is suspended for two days from 7.00 am on Tuesday 17 October 2006 until 7.00 am on Thursday 19 October 2006.

(e) Off-licence number 052/OFF/LIQ1279.01, issued to the partnership of Leslie John Hope and Maurice John McQuillan, is suspended for 16 hours from 7.00 am on Tuesday 10 October 2006.

(f) Off-licence number 052/OFF/LIQ0601.01, issued to Michael James Richardson, is suspended for two days from 7.00 am on Tuesday 10 October 2006 until 7.00 am on Thursday 12 October 2006.

(g) Off-licence number 052/OFF/LIQ1929, issued to Blenheim Foodstore Limited, is suspended for seven days from 7.00 am on Monday 9 October 2006 until 7.00 am on Monday 16 October 2006.

(h) Off-licence number 052/OFF/11/2002, issued to the partnership of David Andrew Meikle and Janene Mary Meikle, is suspended for two days from 7.30 am on Tuesday 17 October 2006 until 7.30 am on Thursday 19 October 2006.

(i) Off-licence number 052/OFF/LIQ1934.01, issued to Three Stores Limited, is suspended for 16 hours from 8.00 am on Tuesday 10 October 2006.

(j) Off-licence number 052/OFF/LIQ2545, issued to the partnership of Kyong Gook (Robert) Sohn and Kyong Ok (Christina) Sohn, is suspended for two days from 7.00 am on Tuesday 10 October 2006 until 7.00 am on Thursday 12 October 2006.

(k) Off-licence number 052/OFF/LIQ0853.01, issued to Allan Morris Withers, is suspended for two days from 6.30 am on Tuesday 17 October 2006 until 6.30 am on Thursday 19 October 2006.

(l) Off-licence number 052/OFF/43/2001, issued to Woodbourne Tavern 2001 Limited, is suspended for two days from 7.00 am on Tuesday 10 October 2006 until 7.00 am on Thursday 12 October 2006.

(m) Off-licence number 052/OFF/1/2002, issued to Junction Ferryman 1996 Limited, is suspended for two days from 7.00 am on Tuesday 17 October 2006 until 7.00 am on Thursday 19 October 2006.

(n) General Manager’s Certificate number 052/GM/LIQ2752, issued to Lisa Gaye Selwyn, is suspended for one week from Monday 9 October 2006.

(o) General Manager’s Certificate number 052/GM/LIQ2378, issued to Stephanie Silvana Freemantle, is suspended for one week from Monday 16 October 2006.

(p) General Manager’s Certificate number 052/GM/LIQ1951, issued to Annette Bessie Mears, is suspended for three weeks from Monday 9 October 2006.

(q) General Manager’s Certificate number 052/GM/LIQ2501, issued to Nigel James Robertson, is suspended for one week from Monday 16 October 2006.

(r) General Manager’s Certificate number GM/023/748/2002, issued to Shelley Maree Lindley, is suspended for three weeks from Monday 16 October 2006.

(s) General Manager’s Certificate number GM/2674/90, issued to Michael James Richardson, is suspended for one week from Monday 9 October 2006.

(t) General Manager’s Certificate number 052/GM/LIQ1940, issued to Annamaria Elizabeth Angus, is suspended for three weeks from Monday 9 October 2006.

(u) General Manager’s Certificate number 052/GM/LIQ2734, issued to Beryl Tait , is suspended for three weeks from Monday 16 October 2006.

(v) General Manager’s Certificate number 052/GM/LIQ2816, issued to Kevin Rex Burton, is suspended for one week from Monday 16 October 2006.

(w) General Manager’s Certificate number 052/GM/LIQ2521, issued to Kyong Gook Robert Sohn, is suspended for one week from Monday 9 October 2006.

(x) General Manager’s Certificate number GM/2889/95, issued to Robert Leigh Climo, is suspended for three weeks from Monday 16 October 2006.

(y) General Manager’s Certificate number 052/GM/LIQ1844, issued to Ricky Martin, is suspended for one week from Monday 16 October 2006.

DATED at WELLINGTON this 13th day of September 2006

______________________
B M Holmes
Deputy Secretary

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