Dunne v Blackadder, Mullins and White [2006] NZLLA 944 (31 October 2006)

New Zealand Liquor Licensing Authority

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Dunne v Blackadder, Mullins and White [2006] NZLLA 944 (31 October 2006)

Last Updated: 3 February 2010

Decision No. 944/2006 –
945/2006

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/9/2003 issued to the partnership of COLIN KEITH BLACKADDER and JANE ELIZABETH MULLINS in respect of premises situated at 50 King Street, Temuka, known as "Empire Hotel"

AND

IN THE MATTER of applications pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/3695/96 issued to BRENT JAMES WHITE

BETWEEN RONALD DUNNE

(Timaru District Licensing Agency Inspector)

Applicant

AND COLIN KEITH BLACKADDER and JANE ELIZABETH MULLINS, trading in partnership

First respondent

AND BRENT JAMES WHITE

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 Mr R Dunne, Timaru District Licensing Agency Inspector, for suspension of an off-licence and a General Manager’s Certificate following a controlled purchase operation in the Timaru licensing district in August this year. At the time of the operation the business was being conducted pursuant to a temporary authority issued to TJ & AJ Limited.

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 the manager has failed to conduct the licensed premises in a proper manner.

More particularly it is alleged that on 26 August 2006, a male volunteer aged 15 years was instructed by the Police, pursuant to s.162(5) of the Act, to enter the licensed premises and attempt to purchase liquor.

The volunteer made a successful purchase without any inquiry being made as to his age, and without being asked for any form of identification. The sale was conducted by Mr White who was the manager on duty at the time.

The respondents do not dispute the grounds for the applications and it is acknowledged that suspension of the off-licence and the manager’s certificate is appropriate.

A negotiated settlement has been reached whereby the respondents have agreed to terms of suspension recommended by the applicant. They have chosen to have the orders imposed by the Authority by consent, without recourse to a public hearing.

Having considered the recommendations from Mr Dunne, we make the following orders:

(a) Off-licence number 064/OFF/9/2003, issued to the partnership of Colin Keith Blackadder and Jane Elizabeth Mullins (currently trading under a temporary authority issued to TJ & AJ 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 GM3695/96, issued to Brent James White, is suspended for three weeks from Monday 20 November 2006.

DATED at WELLINGTON this 31st day of October 2006

______________________
B M Holmes
Deputy Secretary

Timaru CPO3.doc(ab)