Patterson v BNG Holdings Limited [2007] NZLLA 22 (12 January 2007)

Last Updated: 25 January 2010

Decision No. 22/2007

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 036/ON/5/2005 issued to BNG HOLDINGS LIMITED in respect of premises situated at 148 Victoria Avenue, Wanganui, known as "Bull n’ Gate"

BETWEEN TRACY PATTERSON

(Police Officer of Wanganui)

Applicant

AND BNG HOLDINGS LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Ms P A Ballard

DECISION

We have before us an application by Sergeant T Patterson of Wanganui Police for suspension of an on-licence issued to BNG Holdings Limited (and currently being operated under temporary authority by JTS Holdings 2006 Limited), in respect of premises situated at 148 Victoria Street, Wanganui, known as “Bull n’ Gate”.

The grounds for the application are that the premises have been conducted in breach of s.155(1) of the Act, which creates an offence for any licensee or manager of licensed premises to sell or supply liquor, or allow the sale or supply of liquor on or from the licensed premises to any person who is under the age of 18 years.

More particularly it alleged that on 13 October 2006, during a controlled purchase operation, two volunteers (a 17 year old female and a 16 year old male) were requested by the Police, pursuant to s.162(5) of the Act, to enter the respondent’s premises and attempt to purchase liquor. Neither volunteer was carrying any form of identification.

The female volunteer was asked for identification, and refused service when she was unable to produce it. The male volunteer was able to purchase a handle of beer without being challenged as to his age or identity, by the same bar person who had refused to serve the earlier volunteer. The sales person was the manager on duty at the time.

When the manager was approached by the Police a short time later, she admitted having made the sale. She subsequently resigned her employment with the (then acting under temporary authority) licensee.

Mr Ponga-Davis, the director of JTS Holdings Limited, does not dispute the grounds for the application, and he accepts that in his capacity as the de facto licensee he is culpable. He acknowledges that suspension of the on-licence is an appropriate sanction, and is willing to undergo a recommended term of suspension without the requirement to appear before the Authority at a public hearing.

Acoordingly, having considered the recommendation from Sergeant Patterson, we make the following order:

On-licence number 036/ON/5/2005, issued to BNG Holdings Limited (and currently being operated under a temporary authority issued to JTS Holdings 2006 Limited), is suspended for three days from 10.00 am on Tuesday 20 February 2007 until 10.00 am on Friday 23 February 2007.

DATED at WELLINGTON this 12th day of January 2007

______________________
B M Holmes
Deputy Secretary

Bulln’Gate.doc(ab)