Davidson v Pleasant Point Hotel (2005) Limited and others [2006] NZLLA 930 (27 October 2006)

Last Updated: 3 February 2010

Decision No. 930/2006 –
932/2006

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 064/OFF/1/2006 issued to PLEASANT POINT HOTEL (2005) LIMITED in respect of premises situated at 95 Main Road, Pleasant Point, known as "Pleasant Point Hotel"

AND

IN THE MATTER of applications pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/1402/93 issued to TERENCE DAVID CLARKE; and General Manager’s Certificate number GM/3158/99 issued to EILEEN VALERIE RABBIDGE

BETWEEN ANNETTE ELIZABETH DAVIDSON

(Timaru District Licensing Agency Inspector)

Applicant

AND PLEASANT POINT HOTEL (2005) LIMITED

First respondent

AND TERENCE DAVID CLARKE

AND EILEEN VALERIE RABBIDGE

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 Ms A E Davidson, Timaru District Licensing Agency Inspector, for suspension of an off-licence and two General Manager’s Certificates following a controlled purchase operation in the Timaru licensing district in August this year.

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 licensee or manager to sell or allow the sale of liquor to any person under the age of 18 years, and that each of the managers has failed to conduct licensed premises in a proper manner.

More particularly it is alleged that on 26 August 2006, volunteers aged 14 and 15 years were required by the Police, pursuant to s.162(5) of the Act, to enter licensed premises and attempt to purchase liquor.

In the “Pleasant Point Hotel” liquor was sold by Mr Clarke without any inquiry being made as to the volunteer’s age. Mr Clarke was the manager for the time being on duty when the sale was made.

In the “Creek Hotel” Ms Rabbidge made a sale after having requested a document of identification from the volunteer. When none was forthcoming she elected to continue with the transaction. Ms Rabbidge was the manager for the time being on duty when the sale was made.

The applicant made no application against the off-licence for the “Creek Hotel” because the premises have changed hands and the new licensee was not involved in, or a party to, the unlawful sale.

The three respondents do not dispute the grounds for the applications and they acknowledge that suspension is an appropriate course of action. Following discussions with the applicant, recommended terms of suspension have been agreed to by the respondents, and they have chosen to consent to that process without the requirement to appear before the Authority.

Having considered the recommendations from the applicant, we make the following orders:

(a) Off-licence number 064/OFF/1/2006, issued to Pleasant Point Hotel (2005) Limited, is suspended for two days from 7.00 am on Friday 17 November 2006 until 7.00 am on Sunday 19 November 2006.

(b) General Manager’s Certificate number GM/1402/93, issued to Terence David Clarke, is suspended for three weeks from Monday 20 November 2006.

(c) General Manager’s Certificate number GM/3158/99, issued to Eileen Valerie Rabbidge, is suspended for three weeks from Monday 20 November 2006.

DATED at WELLINGTON this 27th day of October 2006

______________________
B M Holmes
Deputy Secretary

Timaru CPO1.doc(ab)