Davidson v DJ & LJ Limited and Bentley [2007] NZLLA 1090 (26 October 2007)

Last Updated: 28 January 2012

Decision No. 1090-1091/2007

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 of on-licence number 064/ON/11/2004 issued to DJ & LJ LIMITED in respect of premises situated at 4 Latter Street, Timaru, known as "Hibernian Robbies Bar & Bistro"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 064/GM/22/2002 issued to CRAIG JOEL BENTLEY

BETWEEN ANNETTE ELIZABETH DAVIDSON

(Timaru District Licensing Agency Inspector)

Applicant

AND DJ & LJ LIMITED

First respondent

AND CRAIG JOEL BENTLEY

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us applications by Ms A E Davidson, Timaru District Licensing Agency Inspector, for suspension of an on-licence held by DJ & LJ Limited in respect of premises situated at 4 Latter Street, Timaru, known as “Hibernian Robbies Bar & Bistro”, and for suspension of a General Manager’s Certificate held by Craig Joel Bentley.

The grounds for the applications are that; the premises have been conducted in breach of s.155 of the Act – sale of liquor to a person under 18 years of age; and that the manager has failed to conduct the licensed premises in a proper manner.

More particularly it is alleged that at 12.05 am on Sunday 16 September 2007, a female volunteer aged 16 years was requested by Police, pursuant to s.162(5) of the Act, to enter licensed premises and attempt to purchase liquor.

A successful purchase was made without the volunteer being challenged as to her age, and without being required to produce any form of identification. The sale was made by a member of bar staff who was under the supervision of Mr Bentley. He was the duty manager at the time.

The respondents do not dispute the grounds for the applications. Following discussions with the respondents the Inspector has recommended to them that terms of suspension be imposed by the Authority, by consent, without recourse to a public hearing. That recommendation has been accepted.

Having considered the recommendations from Ms Davidson we now make the following orders:

(a) On-licence number 064/ON/11/2004, issued to DJ & LJ Limited, is suspended for 24 hours from 12.00 midnight on Saturday 24 November 2007.

(b) General Manager’s Certificate number 064/GM/22/2002, issued to Craig Joel Bentley, is suspended for three weeks from Monday 19 November 2007.

DATED at WELLINGTON this 26th day of October 2007

______________________
B M Holmes
Deputy Secretary

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