Pabst v JRR Group Limited and others [2006] NZLLA 794 (27 September 2006)

New Zealand Liquor Licensing Authority

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Pabst v JRR Group Limited and others [2006] NZLLA 794 (27 September 2006)

Last Updated: 2 February 2010

Decision No. 794/2006 –
800/2006

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 058/ON/01/2006 issued to JRR GROUP LIMITED in respect of premises situated at 37 High Street, Rangiora, known as "JR’s Bar & Grill"; and on-licence number 058/ON/8/2000 issued to VARN ENTERPRISES LIMITED in respect of premises situated at 51 Main North Road, Woodend, known as "Caspers"; and off-licence number 058/OFF/14/2000 issued to DALKEITH HOLDINGS LIMITED in respect of premises situated at 398 High Street, Rangiora, known as "Plough Hotel"

AND

IN THE MATTER of applications pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 064/GM/23/2002 issued to KEVIN DOUGLAS JOHNSON; and General Manager’s Certificate number GM 1409/99 issued to NEIL HORSNELL; and General Manager’s Certificate number GM/489/90 issued to PHILIP JAMES KENNEDY

BETWEEN RENE ANTHONY PABST

(Police Officer of Rangiora)

Applicant

AND JRR GROUP LIMITED

VARN ENTERPRISES LIMITED

DALKEITH HOLDINGS LIMITED

First respondents

AND KEVIN DOUGLAS JOHNSON

NEIL HORSNELL

PHILIP JAMES KENNEDY

Second respondents

AND

IN THE MATTER of an application by KEVIN DOUGLAS JOHNSON pursuant to s.123 of the Act for renewal of a General Manager’s Certificate

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 R A Pabst of Rangiora Police for suspension of two on-licences, one off-licence, and three General Manager’s Certificates, following a controlled purchase operation in the Waimakariri licensing district in June last.

We are also asked to consider an application by Kevin Douglas Johnson for renewal of his General Manager’s Certificate. That application is not opposed.

The suspension applications are based upon the following grounds:

(i) 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
(ii) that the managers have failed to conduct the licensed premises in a proper manner.

More particularly it is alleged that on Friday 30 June 2006, a female volunteer then aged 17 years and 8 months was requested by the Police, pursuant to s.162(5) of the Act, to enter various licensed premises and attempt to purchase liquor.

In the premises identified in these applications successful purchases were made, without any challenge as to the volunteer’s age.

The respondents do not dispute the grounds for the applications, they accept that the facts are established, and they acknowledge that suspension of the licences and certificates is appropriate. In all cases, the sales were made by persons other than the duty managers.

The Police have recommended to the respondents that terms of suspension, which are considered commensurate with the nature of offences, be imposed by the Authority by consent. The respondents have accepted that course of action.

Having considered the recommendations from the Police, we deal with the matters on the papers, and we make the following orders:

(a) On-licence number 058/ON/01/2006, issued to JRR Group Limited, is suspended for 24 hours from 7.00 am on Friday 3 November 2006.

(b) On-licence number 058/ON/8/2000, issued to Varn Enterprises Limited, is suspended for 24 hours from 7.30 am on Friday 3 November 2006.

(c) Off-licence number 058/OFF/14/2000, issued to Dalkeith Holdings Limited, is suspended for 24 hours from 7.00 am on Friday 3 November 2006.

(d) General Manager’s Certificate number 064/GM/23/2002, issued to Kevin Douglas Johnson is suspended for two weeks from Monday 30 October 2006.

(e) General Manager’s Certificate number GM 1409/99, issued to Neil Horsnell , is suspended for two weeks from Monday 30 October 2006.

(f) General Manager’s Certificate number GM/489/90, issued to Philip James Kennedy, is suspended for two weeks from Monday 30 October 2006.

We are satisfied as to the matters to which we are required to have regard in s.126 of the Act and we renew Mr Johnson’s General Manager’s Certificate for three years. A notice of renewal is attached to this decision.

DATED at WELLINGTON this 27th day of September 2006

______________________
B M Holmes
Deputy Secretary

Waimakariri CPO.doc(ab)