Spang and Bland v Rose & Fern Limited and Catley-Day [2007] NZLLA 631 (25 July 2007)

Last Updated: 31 January 2010

Decision No. 631/2007
- 634/2007

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 or cancellation of off-licence number 060/OFF/36/2005 issued to ROSE & FERN LIMITED in respect of premises situated at 163 Yaldhurst Road, Christchurch, known as "Coach Corner Bottle Store”

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension or cancellation of General Manager’s Certificate number 059/411/2004 issued to ROBERT WILLIAM CATLEY-DAY

BETWEEN PAUL JOHN TYCHO SPANG

(Christchurch District Licensing Agency Inspector)

AND JEFFREY BERNARD BLAND

(Police Officer of Christchurch)

Applicants

AND ROSE & FERN LIMITED

First respondent

AND ROBERT WILLIAM CATLEY-DAY

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us applications filed jointly by Mr P J T Spang, Christchurch District Licensing Agency Inspector, and Sergeant J B Bland of Christchurch Police seeking suspension or cancellation of an off-licence held by Rose & Fern Limited in respect of premises at 163 Yaldhurst Road, Christchurch, known as “Coach Corner Bottle Store”, and suspension or cancellation of a General Manager’s Certificate held by Robert William Catley-Day.

The grounds for the applications are that the premises have been conducted in breach of the following provisions of the Act:

(i) Section 155(1) – sale or supply of liquor to a person under the age of 18 years; and
(ii) Section 164 – allowing an under 18 year-old person to enter or remain in a designated area; and
(iii) Section 165 – unauthorised sale or supply of liquor;

and that the conduct of the licensee has been such as to show that it is not suitable to hold the licence; and that the conduct of the manager has been such as to show that he is not a suitable person to hold the certificate.

More particularly it is alleged that on Saturday 24 March 2007, and again on Friday 13 April 2007, during controlled purchase operations, volunteers aged between 16 and 17 years of age were requested by the Police, pursuant to s.162(5) of the Act, to enter the “Coach Corner Bottle Store” and attempt to purchase liquor.

On each occasion the volunteers were able to make a purchase of liquor without being asked their ages, and without any request for identification. Mr Catley-Day, who is a shareholder and director of the first respondent, was identified as the duty manager.

The grounds for the applications are not in dispute and it has been accepted that suspension of the licence and manager’s certificate is appropriate. Recommended terms of suspension have been negotiated whereby the respondents have agreed to undergo imposition of such suspension by consent.

Accordingly, having considered the recommendations from the applicants we make the following orders:

(a) On-licence number 060/OFF/36/2005, issued to Rose & Fern Limited, is suspended for four days from 7.00 am on Saturday 1 September 2007 until 7.00 am on Wednesday 5 September 2007.

(b) General Manager’s Certificate number 059/411/2004, issued to Robert William Catley-Day, is suspended for 42 days from Saturday 1 September 2007 until Saturday 15 October 2007.

DATED at WELLINGTON this 25th day of July 2007

______________________
B M Holmes
Deputy Secretary

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