Dalziell-Kernohan v Le Dome Limited and others [2007] NZLLA 45 (19 January 2007)

Last Updated: 25 January 2010

Decision No. 45/2007 –
48/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications pursuant to s.132 of the Act for suspension of on-licence number 015/ON/149/06 issued to LE DOME LIMITED in respect of premises situated at 340 Victoria Street, Hamilton, known as "Le Dome Belgian Beer Café"; and on-licence number 015/ON/107/2005 issued to TOUCAN GROUP LIMITED in respect of premises situated at the corner of Alma Street and Victoria Street, Hamilton, known as "Fox & Hounds"

AND

IN THE MATTER of applications pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 015/GM/180/06 issued to DEANNA ELIZABETH RIMMER; and General Manager’s Certificate number 015/GM/728/06 issued to JOSHUA LEE HAINGE

BETWEEN JAMES ROBIN DALZIELL-KERNOHAN

(Police Officer of Hamilton)

Applicant

AND LE DOME LIMITED

TOUCAN GROUP LIMITED

First respondents

AND DEANNA ELIZABETH RIMMER

JOSHUA LEE HAINGE

Second respondents

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us applications by Senior Constable J Kernohan of Hamilton Police, for suspension of two on-licences and two General Manager’s Certificates following a controlled purchase operation conducted in the Hamilton licensing district in November last year.

The grounds for the applications 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 to sell, or allow the sale of, liquor to any person under the age of 18 years; and that the managers have failed to conduct the licensed premises in a proper manner.

More particularly it is alleged that on Saturday 4 November 2006, a female volunteer aged 17 years was requested by the Police to enter licensed premises and attempt to purchase liquor. Section 162(5) of the Act provides that this procedure may be employed as a means of monitoring compliance with the provisions of the Act and the conditions of the licence.

Purchases were made without the volunteer being challenged as to her age, and without being required to produce any form of identification.

The grounds for the applications are not in dispute. The respondents acknowledge that the facts have been established and they recognise that suspension of the licences and manager’s certificates will be the probable outcome of any proceedings before the Authority.

Senior Constable Kernohan has invited the respondents to consider undergoing recommended terms of suspension, imposed by the Authority, without the requirement to appear at a public hearing. That course of action has been accepted.

Having considered the recommendations from the Police, we deal with the matters on the papers, and we make the following orders:

(a) On-licence number 015/ON/149/06, issued to Le Dome Limited, is suspended for 24 hours from 7.00 am on Saturday 24 February 2007.

(b) On-licence number 015/ON/107/2005, issued to Toucan Group Limited, is suspended for 24 hours from 7.00 am on Saturday 24 February 2007.

(c) General Manager’s Certificate number 015/GM/180/06, issued to Deanna Elizabeth Rimmer, is suspended for two weeks from Monday 26 February 2007.

(d) General Manager’s Certificate number 015/GM/728/06, issued to Joshua Lee Hainge, is suspended for two weeks from Monday 26 February 2007.

DATED at WELLINGTON this 19th day of January 2007

______________________
B M Holmes
Deputy Secretary

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