Oliver v Cairns [2008] NZLLA 109 (15 February 2008)

New Zealand Liquor Licensing Authority

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Oliver v Cairns [2008] NZLLA 109 (15 February 2008)

Last Updated: 26 January 2010

Decision No. 109/2008

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 GM/060/35/2005 issued to DIANNE SUSAN CAIRNS

BETWEEN DOUGLAS CHARLES OLIVER

(Police Officer of Christchurch)

Applicant

AND DIANNE SUSAN CAIRNS

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us an application by Senior Constable D C Oliver of Christchurch Police for suspension of a General Manager’s Certificate following a controlled purchase operation in the Christchurch licensing 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 26 October 2007, a female volunteer aged 17 years was requested by the Police to enter licensed premises known as “Richmond Working Mens Club” and attempt to purchase liquor. The volunteer bought a four-pack of “Vodka Cruiser” RTD drinks. 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 not the holder of a manager’s certificate but the transaction took place in the presence of the duty manager, who accepted that the purchaser should have been required to prove her ability to purchase liquor.

The respondent does not dispute the grounds for the application, and it is accepted that suspension of the manager’s certificate is appropriate.

Senior Constable Oliver has invited the respondent 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) General Manager’s Certificate number GM/060/35/2005, issued to Dianne Susan Cairns, is suspended for 30 days from Tuesday 29 April 2008.

DATED at WELLINGTON this15th day of February 2008

______________________
B M Holmes
Deputy Secretary

DianneSusanCairns.doc