Hepburn v Waide and others [2006] NZLLA 94 (20 February 2006)

Last Updated: 20 February 2010

Decision No. PH 94/2006 –
PH 96/2006

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 069/OFF/05/2002 issued to ARTHUR WILLIAM WAIDE in respect of premises situated at 228 Main South Road, Green Island, Dunedin, known as "Royal Tavern and Restaurant"

AND

IN THE MATTER of applications pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM 079/2003 issued to ROBERT MUNRO; and General Manager’s Certificate number GM/069/042/2002 issued to AMANDA JOY WAIDE

BETWEEN MARTIN CLAUD HEPBURN

(Police Officer of Dunedin)

Applicant

AND ARTHUR WILLIAM WAIDE

First respondent

AND ROBERT MUNRO

AMANDA JOY WAIDE

Second respondents

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr J C Crookston

DECISION

We have before us applications by Sergeant M C Hepburn of Dunedin Police for suspension of an off-licence, and two General Manager’s Certificates.

The grounds for the applications are that the licensed premises have been conducted in breach of s.155(1) of the Act, and that each of the managers has failed to conduct the licensed premises in a proper manner.

Section 155(1) of the Act 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 5 August 2005, a controlled purchase operation was conducted jointly by Police and District Licensing Agency staff in the Dunedin licensing district.

Volunteers, then aged 16 years and two months, and 16 years and four months, were requested pursuant to s.162(5) of the Act, to enter various licensed premises and attempt to purchase liquor.

In the case of the respondents identified in these applications successful purchases were made. The volunteers were neither asked their age, nor required to produce any acceptable form of identification.

The respondent Robert Munro, identified at the time as the duty manager of the “Normanby Tavern”, was subsequently convicted of, and fined for, the offence of selling liquor to a minor.

Amanda Joy Waide was the duty manager of the “Royal Tavern”, when an unlawful sale was made, but it is alleged that she was on a meal break at the time and, therefore, not in a position to oversee the transaction which was undertaken by a sales assistant.

The respondents do not dispute the grounds for the applications, and they are aware that any proceedings before the Authority are likely to result in a period of suspension of the licence and the managers’ certificates.

The applicant has discussed these matters with the respondents, and has recommended that they consider the option of having a period of suspension imposed by the Authority without the requirement to appear before us at a public hearing. The respondents have expressed their willingness to adopt this course of action.

Accordingly, having considered the recommendations from Sergeant Hepburn, we will deal with the applications on the papers, and we make the following orders:

(a) Off-licence number 069/OFF/05/2002, issued to Arthur William Wade, is suspended for three days from 9.00 am on Wednesday 16 March 2006 until 9.00 am on Saturday 19 March 2006.

(b) General Manager’s Certificate number GM 079/2003, issued to Robert Munro, is suspended for 21 days from Monday 14 March 2006.

(c) General Manager’s Certificate number GM/069/042/2002, issued to Amanda Joy Waide, is suspended for 14 days from Monday 14 March 2006.

DATED at WELLINGTON this 20th day of February 2006

______________________
B M Holmes
Deputy Secretary

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