Drury v Kalmia Investments Limited and Holder [2007] NZLLA 385 (30 April 2007)

New Zealand Liquor Licensing Authority

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Drury v Kalmia Investments Limited and Holder [2007] NZLLA 385 (30 April 2007)

Last Updated: 29 January 2010

Decision No. 385/2007
386/2007

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 007/OFF/066/2006 issued to KALMIA INVESTMENTS LIMITED in respect of premises situated at 19 Kalmia Street, Ellerslie, Auckland, known as "Hops & Grapes"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/007/495/06 issued to BRENT HOLDER

BETWEEN SHANE ANDREW DRURY

(Police Officer of Greenlane)

Applicant

AND KALMIA INVESTMENTS LIMITED

First respondent

AND BRENT HOLDER

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 filed by Sergeant S A Drury of Greenlane Police for suspension of an off-licence held by Kalmia Investments Limited in respect of premises at 19 Kalmia Street, Ellerslie, Auckland, known as “Hops & Grapes”, and for suspension of a General Manager’s Certificate held by Brent Holder.

The grounds for the applications are that the premises have been conducted in breach of the provisions of ss.155(1) and 164 of the Act, and that the manager has failed to conduct the licensed premises in a proper manner.

Section 155(1) of the Sale of Liquor Act 1989 creates an offence for any licensee or manager who sells or supplies or allows the sale and supply of liquor to any person who is under the age of 18 years, and s.164 creates an offence where a licensee or manager allows any person under the age of 18 years to enter or remain in any designated area on licensed premises.

More particularly it is alleged that on Thursday 14 December 2006, a female volunteer aged 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 premises are designated supervised in their entirety.

A successful purchase was made without the volunteer being asked her age and without being required to produce any form of identification. The sales person was subsequently identified as the second respondent, and he was the duty manager at the time the sale was made.

The grounds for the applications are not in dispute, and the respondents acknowledge that suspension of the off-licence and manager’s certificate is appropriate. Following discussions, terms of suspension recommended by the applicant have been accepted, and are to be imposed by the Authority without recourse to a public hearing.

Having considered the recommendations from the Police we are prepared to deal with the matters on the papers. Accordingly, we now make the following orders:

(a) Off-licence number 007/OFF/066/2006, issued to Kalmia Investments Limited, is suspended for 48 hours from 9.00 am on Wednesday 16 May 2007 until 9.00 am on Friday 18 May 2007.

(b) General Manager’s Certificate number GM/007/495/06, issued to Brent Holder, is suspended for two weeks from Monday 14 May 2007.

DATED at WELLINGTON this day of 2007

______________________
B M Holmes
Deputy Secretary

Hops & Grapes.doc(ab)