Anderson v Marsden Tavern Limited [2007] NZLLA 1011 (10 October 2007)

Last Updated: 27 January 2012

Decision No. PH 1011/2007

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 or cancellation of off-licence number 002/OFF/42/2001 issued to MARSDEN TAVERN LIMITED in respect of premises situated at the corner of Marsden Point Road and Sime Road, Ruakaka, Whangarei, known as "Ruakaka Tavern"

BETWEEN STEVEN KOPA ANDERSON
(Police Officer of Whangarei)

Applicant

AND MARSDEN TAVERN LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr P M McHaffie

HEARING at WHANGAREI on 2 October 2007

APPEARANCES

Constable S K Anderson – NZ Police – applicant
Mr C J Woods – on behalf of respondent

ORAL DECISION OF THE AUTHORITY

[1] This is an application brought by the Police for the suspension or cancellation of an off-licence issued to Marsden Tavern Limited in respect of premises situated at Ruakaka near Whangarei known as "Ruakaka Tavern".

[2] This is the second time that the "Ruakaka Tavern" has been before the Authority. On the first occasion it was alleged that on Friday 10 March 2006 a 17 year old male volunteer was able to enter the premises and purchase liquor from the tavern's off-licence. No enquiry was made as to the volunteer's age.

[3] The tavern accepted a three day suspension and this was imposed on an on the papers decision. See LLA PH 664-669/2006 Howard Philip Clement v Marsden Tavern Limited and Ors.

[4] The application before us is based on the grounds that the licensed premises have been conducted in breach of s.155(1) of the Act. A further controlled purchase operation was conducted on 19 February 2007. This was jointly run by the Police and Northland Health.

[5] At about 7.45 pm a 17 year old female went into the off-licence of the "Marsden Tavern". She was able to purchase a 12 pack of Vodka cruisers valued at $22 from a staff member. The duty manager was present in the on-licence.

[6] The staff member had been employed by the tavern for three years, and was regarded by her employers as a competent person. She could give no explanation as to why she sold to the minor. According to Mr Craig Woods, a director of the company, she asked for identification and the customer said that she had none. The customer went to walk away, and the saleswoman called her back saying she would serve her, but she was to bring her identification with her on the next occasion.

[7] The staff member was subsequently dismissed. We have indicated in the past that such a measure sends out a very strong message to other members of staff not only in these premises, but in all premises throughout the country.

[8] The other aggravating feature is that the nature of the product being purchased should send signals to sales people and managers generally of the possibility that the person involved is underage.

[9] Mr Craig Woods has given evidence before us. He has confirmed that his family has been in the hospitality industry for over 10 years. They feel that they are doing everything they can to prevent this type of thing happening. He said that regular staff meetings are held and staff are always reminded about asking for identification. Furthermore the Hospitality Association of New Zealand provides an acknowledgement of responsibility. This was signed by the salesman on 22 April 2006.

[10] Mr Woods stressed that in August 2007, a further controlled purchase operation had been conducted but on that occasion the business had declined to make a sale. Mr Woods referred to the frustration of obtaining qualified people, and of keeping staff, and of the difficulties that employers face when duty managers find their responsibility too severe, and are not prepared to continue to work for employers.

[11] We have had a good discussion with Mr Woods. Hopefully has taken away some ideas for positive reinforcement for his staff. In the meantime we believe that the grounds have been established, and indeed Mr Woods has been good enough to acknowledge this. We thank him for his co-operation. In those circumstances we have decided to discount what might have been the appropriate period of suspension.

[12] Clearly in our view cancellation for a second offence is out of the question because it would be quite unreasonable. We believe that in the circumstances a suspension period of six days is appropriate. We believe that this period should include a Saturday which was when the sale took place.

[13] Accordingly and for the reasons that we have given off-licence number 002/OFF/42/2001, issued to Marsden Tavern Limited, is suspended from 7.00 am on Monday 8 October 2007 to 7.00 am on Sunday 14 October 2007.

DATED at WELLINGTON this 10th day of October 2007

B M Holmes
Deputy Secretary

Ruakaka Tavern.doc(aw)