Clement v Waipu Hotel Limited and Cooper [2006] NZLLA 717 (13 September 2006)

Last Updated: 1 February 2010

Decision No. 718/2006 –
719/2006

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 002/OFF/11/2001 issued to WAIPU HOTEL LIMITED in respect of premises situated at 4 South Road, Waipu, known as "Waipu Hotel"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 002/GM/146/2001 issued to HANA COOPER

BETWEEN HOWARD PHILIP CLEMENT

(Police Officer of Whangarei)

Applicant

AND WAIPU HOTEL LIMITED

First respondent

AND HANA COOPER

Second respondent

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 an off-licence issued to Waipu Hotel Limited in respect of premises at 4 South Road, Waipu, known as “Waipu Hotel”, and for suspension of a General Manager’s Certificate held by Hana Cooper. Ms Cooper is a director of Waipu Hotel (2005) Limited which is currently carrying on the business of the “Waipu Hotel” under temporary authority.

The grounds for the application are that the premises have been conducted in breach of s.155(1) of the Act and that the manager has 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 10 March 2006 a male volunteer aged 17 years was instructed by the Police to enter the “Waipu Hotel” and attempt to purchase liquor. A purchase was made without the volunteer being asked his age, and without being required to provide any identification. The second respondent was the manager on duty at the time but she did not oversee the sale.

When spoken to by the applicant Ms Cooper accepted that the grounds for the application have been established. It is further accepted that a term of suspension of the licence and manager’s certificate is an appropriate sanction.

A settlement has been negotiated whereby recommended periods of suspension will be imposed by the Authority, by consent, without the requirement to convene a public hearing. We thank the applicant and respondents for resolving the matter in this manner.

Having considered the recommendations from Sergeant Clement we make the following orders:

(a) Off-licence number 002/OFF/11/2001, issued to Waipu Hotel Limited, is suspended for three days from 10.00 am on Friday 6 October 2006 until 10.00 am on Monday 9 October 2006.

(b) General Manager’s Certificate number 002/GM/146/2001, issued to Hana Cooper, is suspended for three weeks from Monday 9 October 2006.

DATED at WELLINGTON this 13th day of September 2006

______________________
B M Holmes
Deputy Secretary

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