Shovel v Hiway 7 Hotel Limited [2007] NZLLA 1228 (22 November 2007)

New Zealand Liquor Licensing Authority

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Shovel v Hiway 7 Hotel Limited [2007] NZLLA 1228 (22 November 2007)

Last Updated: 6 February 2010

Decision No. PH 1228/2007

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 off-licence number 057/OFF/14/2006 issued to HIWAY 7 HOTEL LIMITED in respect of premises situated at 24 Mountain View Road, Culverden, known as "Culverden Tavern"

BETWEEN DAVID JOHN SHOVEL

(Hurunui District Licensing Agency Inspector)

Applicant

AND HIWAY 7 HOTEL LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us an application by Mr D J Shovel, Hurunui District Licensing Agency Inspector for suspension of an off-licence held by Hiway 7 Hotel Limited in respect of premises situated at 24 Mountain View Road, Culverden, known as “Culverden Tavern”.

The ground for the application is that the premises have been conducted in breach of the provisions of s.155 of the Act in that a sale of liquor to a person under the age of 18 years was made.

More particularly it is alleged that on Friday 25 May 2007 a male volunteer at the time aged 16 years and seven months was requested by the Police, pursuant to s.162(5) of the Act, to enter licensed premises and attempt to purchase liquor.

The volunteer made a purchase of two bottles of ‘Heineken’ beer without being asked his age and without being required to provide any document of identification.

The respondent does not dispute the ground for the application. It is acknowledged that suspension of the off-licence is appropriate, and the licensee has accepted a recommendation from Mr Shovel that the Authority impose an agreed term of suspension without the requirement to convene a public hearing.

Having considered the recommendation from the applicant we make the following order:

Off-licence number 057/OFF/14/2006, issued to Hiway 7 Hotel Limited, is suspended for three days from 7.00 am on Wednesday 9 January 2008 until 7.00 am on Saturday 12 January 2008.

DATED at WELLINGTON this 22nd day of November 2007

______________________
B M Holmes
Deputy Secretary

CulverdenTavern.doc(ab)