Hall and Wright v Shetland (Taranaki) Limited [2008] NZLLA 1063 (6 August 2008)

New Zealand Liquor Licensing Authority

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Hall and Wright v Shetland (Taranaki) Limited [2008] NZLLA 1063 (6 August 2008)

Last Updated: 4 February 2010

Decision No. 1063/2008

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
033/ON/229/2007 issued to
SHETLAND (TARANAKI)
LIMITED in respect of premises
situated at 17-19 Devon Street
West, New Plymouth, known as
“The Brook Alehouse”

BETWEEN TONIA ANNE HALL
(New Plymouth District Licensing
Agency Inspector)

AND MERYN ANNE WRIGHT
(Police Officer of New Plymouth)

Applicants

AND SHETLAND (TARANAKI)
LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us a joint application by Ms T A Hall, New Plymouth District Licensing Agency Inspector, and Constable M A Wright, New Plymouth Police, for suspension of an on-licence in respect of New Plymouth premises known as “The Brook Alehouse”.

The reason for the application is that the licensed premises have been conducted in breach of the following sections of the Act:

Section 115 – Sale or supply of liquor to minors
Section 172A – Licensee’s offences in respect of manager.

More particularly it is alleged that on Friday 30 May 2008, a controlled purchase operation was undertaken in the New Plymouth area. Pursuant to s.162(5) of the Act, at the request of Police a 16 year old male volunteer entered licensed premises and attempted to purchase liquor.

The volunteer entered “The Brook Alehouse” and went to the bar, where he ordered a glass of Speights beer. Chelsea Smit was the salesperson and sold the drink to the volunteer without any proof of age being requested.

Ms Smit is not the holder of a General Manager’s Certificate and is to be dealt with through the District Court. Del Hunt was named as the manager on duty at the time of the sale, however subsequent enquiries found that he does not hold a manager’s certificate, nor had he been appointed as an acting or temporary manager.

The respondent does not dispute the grounds of the application, and acknowledges that a period of suspension of the licence is appropriate.

The directors of the respondent company have indicated their willingness to accept a recommended term of suspension of the licence, to be imposed by the Authority without the requirement to appear before us at a public hearing.

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

(a) On-licence number 033/ON/229/2007, issued Shetland (Taranaki) Limited, is suspended for 48 hours from 7.00 am on Monday 8 September 2008.

DATED at WELLINGTON this 6th day of August 2008

______________
B M Holmes
Deputy Secretary