Drury v Cardigan Bay Holdings Limited and Makiri [2007] NZLLA 252 (22 March 2007)

New Zealand Liquor Licensing Authority

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Drury v Cardigan Bay Holdings Limited and Makiri [2007] NZLLA 252 (22 March 2007)

Last Updated: 28 January 2010

Decision No. 252/2007 –
253/2007

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 007/ON/177/2006 issued to CARDIGAN BAY HOLDINGS LIMITED in respect of premises situated at 267A Onehunga Mall, Onehunga, Auckland, known as "Arthurs Bar & Grill"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/007/800/06 issued to SHERIE MAKIRI

BETWEEN SHANE ANDREW DRURY

(Police Officer of Greenlane)

Applicant

AND CARDIGAN BAY HOLDINGS LIMITED

First respondent

AND SHERIE MAKIRI

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us applications by Sergeant S A Drury of Greenlane Police for suspension of an on-licence held by Cardigan Bay Holdings Limited in respect of premises at 267A Onehunga Mall, Onehunga, Auckland, known as “Arthurs Bar & Grill”, and for suspension of a General Manager’s Certificate held by Sherie Makiri.

The applications stem from a controlled purchase operation In December last year.

The grounds for the applications are: that the premises have been conducted in breach of ss.155 and 164 of the Act; and that the manager has failed to conduct the premises in a proper manner. Section 155 creates an offence where the sale of liquor to anyone under the age of 18 years takes place, and s.164 creates an offence for allowing any person under 18 years to enter or remain in a designated area.

More particularly it is alleged that on 16 December 2006, a female volunteer aged at the time 17 years and nine months, was requested by the Police pursuant to s.162(5) of the Act, to enter the first respondent’s premises and attempt to purchase liquor.

The volunteer was able to purchase a vodka-based ready mixed (RTD) product without being asked her age, and with no request being made by sales staff for any form of identification. When later questioned by the Police the sales person said that he relied on door staff to ensure that persons entering the premises were of the required age.

We feel bound to point out that the nature of the drink purchased should have alerted the staff member to the possibility of what subsequently occurred. Ready-to-drink spirit mixes are very popular among young drinkers. The second respondent was the manager on duty at the time, and she acknowledged that hers was the ultimate responsibility for the unlawful sale.

The respondents accept that the grounds for the applications have been established, and that suspension of the licence and manager’s certificate is the likely outcome of any proceedings before the Authority.

A settlement has been negotiated whereby a recommended term of suspension is to be imposed by the Authority, by consent, without the respondents being required to appear at a public hearing.

Having considered the recommendations from Sergeant Drury we are prepared to deal with the matters on the papers and we make the following orders:

(a) On-licence number 007/ON/177/2006, issued to Cardigan Bay Holdings Limited, is suspended for 24 hours from 7.00 am on Sunday 15 April 2007.

(b) General Manager’s Certificate number GM/007/800/06, issued to Sherie Makiri, is suspended for two weeks from Sunday 15 April 2007.

DATED at WELLINGTON this 22nd day of March 2007

______________________
B M Holmes
Deputy Secretary

ArthursBar&Grill.doc(ab)