Clearwater and Wright v Watson [2008] NZLLA 1071 (6 August 2008)

New Zealand Liquor Licensing Authority

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Clearwater and Wright v Watson [2008] NZLLA 1071 (6 August 2008)

Last Updated: 4 February 2010

Decision No. 1071/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to
s.135 of the Act for suspension of
General Manager’s Certificate
number 033/GM/606/2004 issued
to ERIN WATSON

BETWEEN MURRAY ERIC CLEARWATER
(New Plymouth District Licensing
Agency Inspector)

AND MERYN ANNE WRIGHT
(Police Officer of New Plymouth)

Applicants

AND ERIN WATSON

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us a joint application by Mr M E Clearwater, New Plymouth District Licensing Agency Inspector and Constable M A Wright, New Plymouth Police, for suspension of a General Manager’s Certificate following a controlled purchase operation in the New Plymouth district.

The ground for the application is that the manager has failed to conduct the licensed premises in a proper manner.

More particularly it is alleged that on Friday 30 May 2008, a 16 year old female volunteer was requested by the Police to enter licensed premises and attempt to purchase liquor. The volunteer entered “The Mill Liquorsave” on Courtney Street, New Plymouth and successfully purchased a four-pack of “Vodka Cruiser” RTDs from the salesperson, Fiona Herangi, without her age being questioned or identification requested.

Erin Watson was the manager on duty at the time. Police believe that she should have been alert as to the likely age of the volunteer, however acknowledge that it was a busy Friday night in the bottle store.

Ms Watson does not dispute the grounds for the application, and accepts that suspension of her manager’s certificate is appropriate.

The applicants have invited Ms Watson 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 District Licensing Agency Inspector and the Police, we will deal the matter on the papers. We now make the following order:

(a) General Manager’s Certificate number 033/GM/606/2004, issued to Erin Watson, is suspended for 14 days from Monday 1 September 2008.

DATED at WELLINGTON this 6th day of August 2008

______________
B M Holmes
Deputy Secretary