Ensor v NZ Hotel Group Limited and Williams [2008] NZLLA 1000 (24 July 2008)

New Zealand Liquor Licensing Authority

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Ensor v NZ Hotel Group Limited and Williams [2008] NZLLA 1000 (24 July 2008)

Last Updated: 3 February 2010

Decision No. 1000-1001/2008

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
064/OFF/2/2007 issued to NZ
HOTEL GROUP LIMITED in
respect of premises situated at
118 Le Cren Street, Timaru,
known as “Richard Pearse Tavern
and Restaurant”

AND

IN THE MATTER of an application pursuant to
s.135 of the Act for suspension of
General Manager’s Certificate
number 064/GM/47/2005 issued
to JANICE MARION WILLIAMS

BETWEEN BARBARA ANNE ENSOR
(Timaru District Licensing Agency
Inspector)

Applicant

AND NZ HOTEL GROUP LIMITED

First Respondent

AND JANICE MARION WILLIAMS

Second Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Dr J Horn

DECISION

We have before us applications by Barbara Ensor, Timaru District Licensing Agency Inspector for suspension of an off-licence in respect of premises in Timaru, known as “Richard Pearse Tavern and Restaurant”, and for suspension of a General Manager’s Certificate held by Janice Marion Williams.

The grounds for the applications are that the licensed premises have been conducted in breach of the provisions of s.155 of the Act; i.e. the sale of liquor to a person under the age of 18 years; and that the manager has failed to conduct the premises in a proper manner.

More particularly it is alleged that on Saturday 3 May 2008, a joint agency controlled purchase operation was undertaken in the Timaru area. Pursuant to s.162(5) of the Act, at the request of Police a 17 year old female volunteer entered licensed premises and attempted to purchase liquor.

She entered “Richard Pearse Tavern and Restaurant” at around 7.00 pm, selected a pack of Fuse vodka RTDs and approached the counter. She was not asked for identification by the salesperson, Mansa Liao. The volunteer paid $8.50 for her purchase and left the store.

Janice Williams was the manager on duty when the sale was made, however she was responsible for both the bottle store and the sports bar at the time.

The respondents do not dispute the grounds of the applications, and acknowledge that suspension of the licence and manager’s certificate is appropriate.

They have indicated their willingness to accept recommended terms of suspension of the licence and manager’s certificate, to be imposed by the Authority without the requirement to appear before us at a public hearing.

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

(a) Off-licence number 064/OFF/2/2007, issued to NZ Hotel Group Limited, is suspended for 24 hours from 7.00 am on Saturday 23 August 2008.

(b) General Manager’s Certificate number 064/GM/47/2005, issued to Janice Marion Williams, is suspended for 10 days from Monday 25 August 2008.

DATED at WELLINGTON this 24th day of July 2008

B M Holmes

Deputy Secretary