Patrick v Wave Business Limited [2008] NZLLA 1037 (28 July 2008)

New Zealand Liquor Licensing Authority

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Patrick v Wave Business Limited [2008] NZLLA 1037 (28 July 2008)

Last Updated: 4 February 2010

Decision No.1037/2008

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 002/OFF/14/2006 issued to WAVE BUSINESS LIMITED in respect of premises situated at Otaika Shopping Centre, Otaika Road, Whangarei, known as "Otaika Four Square"

BETWEEN TAI JOSEPH PATRICK

(Police Officer of Whangarei)

Applicant

AND WAVE BUSINESS LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us an application by Sergeant T J Patrick of Whangarei Police for suspension of an off-licence held by Wave Business Limited in respect of premises situated at Otaika Shopping Centre, Otaika Road, Whangarei, known as “Otaika Four Square”.

The application is based upon the ground that the premises have been conducted in breach of s.155(1) of the Act, which creates an offence for any person who, being the licensee or a manager of any licensed premises, sells or supplies any liquor, or allows any liquor to be sold or supplied, on or from the licensed premises to any person who is under the age of 18 years.

More particularly it is alleged that a controlled purchase operation was conducted in the Whangarei licensing district on Saturday 12 April 2008. A male volunteer aged 16 years was requested by the Police to enter the respondent’s premises and attempt to purchase liquor. A sale was made without the volunteer being asked his age or being required to provide any document of identification.

We note that this is the second time that this licensee has failed the test, the first having been in March 2006 when the respondent was trading under temporary authority. We made an order to suspend the off-licence in decision LLA 752/2006.

As a consequence the respondent’s application for an off-licence was opposed by the Police and referred to the Authority for determination. The application was dealt with on the papers after the term of suspension had been served. We said in our decision LLA 935/2006:

“The applicant has since implemented robust measures in a bid to ensure that there is no repeat of the incidents that led to the enforcement application.”

Regrettably it appears that those measures have failed to remain as robust as we were led to believe.

The respondent does not dispute the ground for the application and it is acknowledged that suspension of the off-licence is an appropriate sanction.

Following discussion with Sergeant Patrick a recommendation has been accepted for a term of suspension to be imposed by the Authority, without recourse to a public hearing. Having considered the recommendation we make the following order:

Off-licence number 002/OFF/14/2006, issued to Wave Business Limited, is suspended for 28 days from 7.00 am on Monday 1 September 2008 until 7.00 am on Monday 29 September 2008.

DATED at WELLINGTON this 28th day of July 2008

______________________
B M Holmes
Deputy Secretary

Otaika Four Square2.doc(ab)