Anderson v Kamo Foodmarket Limited and others [2007] NZLLA 644 (26 July 2007)

Last Updated: 31 January 2010

Decision No.644/2007
- 652/2007

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 off-licence number 002/OFF/8/2003 issued to KAMO FOODMARKET LIMITED in respect of premises situated at 509 Kamo Road, Whangarei, known as "Kamo Four Square"; and off-licence number 002/OFF/5/2007 issued to BROWN WHOLESALE LIMITED in respect of premises situated at 3 Kensington Avenue, Whangarei, known as "Kensington Liquorland"; and off-licence number 002/OFF/2/2004 issued to PICKETTS ENTERPRISES LIMITED in respect of premises situated at 15 The Centre, Waipu, known as "Waipu Off Licence"; and on-licence number 002/ON/16/2006 issued to CHIPS HOLDINGS LIMITED ( currently trading under a temporary authority issued to SB & RM HOLDINGS LIMITED) in respect of premises situated at 47 Vine Street, Whangarei, known as "Sticky Wicket Sports Bar"

AND

IN THE MATTER of applications pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 002/GM/138/2001 issued to DIANNE JOAN CLYDE; and General Manager’s Certificate number 002/GM/69/2007 issued to TAMMY MICHELLE WOMBWELL; and General Manager’s Certificate number 002/GM/2/2006 issued to DONNA JOY GAMBLE; and General Manager’s Certificate number 002/GM/65/2003 issued to LYNDA JOAN CAMERON; and

General Manager’s Certificate number 002/GM/62/2007 issued to STEVE CLIVE BUTEL

BETWEEN STEVEN KOPA ANDERSON

(Police Officer of Whangarei)

Applicant

AND KAMO FOODMARKET LIMITED

BROWN WHOLESALE LIMITED

PICKETTS ENTERPRISES LIMITED

SB & RM HOLDINGS LIMITED

First respondents

AND DIANNE JOAN CLYDE

TAMMY MICHELLE WOMBWELL

DONNA JOY GAMBLE

LYNDA JOAN CAMERON

STEVE CLIVE BUTEL

Second respondents

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us applications by Constable S K Anderson of Whangarei Police for suspension of three off-licences, one on-licence and five General Managers’ Certificates following a controlled purchase operation in the Whangarei licensing district in May this year.

The grounds for the applications are that the premises have been conducted in breach of s.155(1) of the Act; i.e. sales of liquor to persons under the age of 18 years, and that the managers have failed to conduct licensed premises in a proper manner.

More particularly it is alleged that on Saturday 19 May 2007 a controlled purchase operation was carried out during which volunteers, a male aged 16 years and a female aged 17 years, were requested to enter licensed premises and attempt to purchase liquor.

Successful purchases were made in each of the premises identified in these applications. At no stage were the volunteers challenged as to their age, nor were they asked for any form of identification.

The respondents do not dispute the grounds for the applications and they have acknowledged their culpability. They accept that suspension of the licences and certificates is an appropriate sanction.

Following discussions with Constable Anderson, the respondents are willing to accept recommended terms of suspension, to be imposed by the Authority, without the requirement to appear before us at a public hearing.

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

(a) Off-licence number 002/OFF/8/2003, issued to Kamo Foodmarket Limited, is suspended for five days from 7.00 am on Monday 20 August 2007 until 7.00 am on Saturday 25 August 2007.

(b) Off-licence number 002/OFF/5/2007, issued to Brown Wholesale Limited, is suspended for 24 hours from 9.00 am on Saturday 18 August 2007.

(c) Off-licence number 002/OFF/2/2004, issued to Picketts Enterprises Limited, is suspended for 24 hours from 9.00 am on Saturday 18 August 2007.

(d) On-licence number 002/ON/16/2006, issued to Chips Holdings Limited, (currently trading under a temporary authority issued to SB & RM Holdings Limited), is suspended for 24 hours from 10.00 am on Saturday 25 August 2007.

(e) General Manager’s Certificate number 002/GM/138/2001, issued to Dianne Joan Clyde, is suspended for three weeks from Monday 20 August 2007.

(f) General Manager’s Certificate number 002/GM/69/2007, issued to Tammy Michelle Wombwell, is suspended for three weeks from Monday 20 August 2007.

(g) General Manager’s Certificate number 002/GM/2/2006, issued to Donna Joy Gamble, is suspended for four weeks from Monday 20 August 2007.

(h) General Manager’s Certificate number 002/GM/65/2003, issued to Lynda Joan Cameron, is suspended for four weeks from Monday 20 August 2007.

(i) General Manager’s Certificate number 002/GM/62/2007, issued to Steve Clive Butel, is suspended for four weeks from Monday 27 August 2007.

DATED at WELLINGTON this 26TH day of July 2007

______________________
B M Holmes
Deputy Secretary

WhangareiMayCPO.doc(ab)