Anderson v Dickens By The Tower Limited [2007] NZLLA 1358 (20 December 2007)

Last Updated: 29 January 2012

Decision No. 1358-1359/2007

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 002/ON/9/2006 issued to DICKENS INN BY THE TOWER LIMITED in respect of premises situated at the corner of Cameron Street and Quality Street, Whangarei, known as "Dickens Inn"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 002/GM/62/2005 issued to PAUL TURNBULL

BETWEEN STEVEN KOPA ANDERSON
(Police Officer of Whangarei)

Applicant

AND DICKENS INN BY THE TOWER LIMITED

First respondent

AND PAUL TURNBULL

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 Constable S K Anderson of Whangarei Police for suspension of an on-licence and a General Manager’s Certificate following a controlled purchase operation in the Whangarei licensing district.

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

More particularly it is alleged that on Saturday 25 August 2007, a male volunteer aged 16 years was requested by the Police to enter the licensed premises known as “Dickens Inn” and attempt to purchase liquor. The volunteer bought three bottles of ‘Heineken’ beer. The sales person completed the transaction without any question as to the volunteer’s age, and without any request for identification.

The sales person was not the holder of a manager’s certificate but the transaction took place in the presence of the duty manager, who did not recall the incident. He accepted that the purchaser should have been required to prove his ability to buy liquor.

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

Constable Anderson has invited the respondents to consider the option of imposition by the Authority of a term of suspension, without the requirement to attend a public hearing. That course of action has been adopted.

Accordingly, having considered the recommendations from the Police we will deal with the matters on the papers. We now make the following orders:

(a) On-licence number 002/ON/9/2006, issued to Dickens Inn by the Tower Limited, is suspended for 24 hours from 7.00 am on Thursday 24 January 2008.

(b) General Manager’s Certificate number 002/GM/62/2005, issued to Paul Turnbull, is suspended for three weeks from Monday 21 January 2008.

DATED at WELLINGTON this 20th day of December 2007

______________________
B M Holmes
Deputy Secretary

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