Oliver v Rolly Inn Limited and Bird [2008] NZLLA 103 (15 February 2008)

New Zealand Liquor Licensing Authority

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Oliver v Rolly Inn Limited and Bird [2008] NZLLA 103 (15 February 2008)

Last Updated: 26 January 2010

Decision No. 103-104/2008

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 on-licence number 059/ON/6/2002 issued to ROLLY INN LIMITED in respect of premises situated at 2 Brookside Road, Rolleston known as "Rolly Inn"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM 2491/98 issued to CHRISTINE ANNE BIRD

BETWEEN DOUGLAS CHARLES OLIVER

(Police Officer of Christchurch)

Applicant

AND ROLLY INN LIMITED

First respondent

AND CHRISTINE ANNE BIRD

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Ms J D Moorhead

DECISION

We have before us applications by Senior Constable D C Oliver of Christchurch Police for suspension of an on-licence and a General Manager’s Certificate following a controlled purchase operation in the Christchurch licensing district.

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

More particularly it is alleged that on Friday 26 October 2007, a male volunteer aged 16 years was requested by the Police to enter licensed premises known as “Rolly Inn” and attempt to purchase liquor. The volunteer bought two bottles of ‘Heineken’ beer. The sales person completed the transaction without any question as to the volunteer’s age, and without any request for identification.

The sales person was the holder of a manager’s certificate, but was not the duty manager at the time. The duty manager accepted that the purchaser should have been required to prove his ability to purchase liquor.

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

Senior Constable Oliver has invited the respondents to consider the option of imposition by the Authority of a term of suspension, without the requirement to attend a public hearing. That course of action has been adopted.

Accordingly, having considered the recommendations from the Police we will deal with the matters on the papers. We now make the following orders:

(a) On-licence number 059/ON/6/2002, issued to Rolly Inn Limited, is suspended for 24 hours from 7.00 am on Friday 28 March 2008.

(b) General Manager’s Certificate number GM 2491/98, issued to Christine Anne Bird, is suspended for 30 days from Monday 17 March 2008.

DATED at WELLINGTON this 15th day of February 2008

______________________
B M Holmes
Deputy Secretary

RollyInn.doc