Camnpbell v Signal [2006] NZLLA 97 (20 February 2006)

Last Updated: 20 February 2010

Decision No. PH 97/2006

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 039/GM/131/2005 issued to THOMAS EDWARD SIGNAL

BETWEEN MICHELLE LEE CAMPBELL

(Police Licensing Officer of Palmerston North)

Applicant

AND THOMAS EDWARD SIGNAL

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us an application by Michelle Lee Campbell of Palmerston North Police for suspension of a General Manager’s Certificate held by Thomas Edward Signal.

The grounds for suspension are that the conduct of the manager has been such as to show that he is not a suitable person to hold the certificate.

More particularly it is alleged that on 2 December 2005, during a controlled purchase operation undertaken in the Palmerston North licensing district, two volunteers under the age of 18 years were requested by Police, pursuant to s.162(5) of the Act, to enter the off-licensed premises of “Liquorland Awapuni” and attempt to purchase liquor.

The volunteers were able to complete their purchases without being challenged by sales staff as to their age, and they were not required to provide any documents of identification.

The respondent was identified as the manager on duty at the time, although a separate Police report filed with the Authority pursuant to s.132A of the Act reveals that he was not physically present, because the off-licensed premises is a stand-alone liquor retail outlet, which forms part of “Awapuni Motor Hotel”.

Mr Signal was apparently the duty manager for the whole of the complex on the occasion of the unlawful sales, but was not in a position to oversee the transactions, being otherwise occupied in another part of the business.

Police and the District Licensing Agency are on record as having previously stated to the licensee of these premises that they consider it necessary for the bottle-store facility to be individually managed, because of the physical separation from the main body of the hotel.

The respondent does not dispute the grounds for the application, and acknowledges that a period of suspension of his manager’s certificate, recommended by the applicant, is appropriate. Mr Signal has further indicated a willingness to have the suspension imposed by the Authority, without having to appear before us at a public hearing.

Having considered the recommendation from the Police, we will deal with the matter on the papers and we make the following order:

General Manager’s Certificate number 039/GM/131/2005, issued to Thomas Edward Signal, is suspended for one month from Monday 27 March 2006.

DATED at WELLINGTON this 20th day of February 2006

______________________
B M Holmes
Deputy Secretary

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