Harris and Lumsden Hotel Limited [2008] NZLLA 1139 (14 August 2008)

New Zealand Liquor Licensing Authority

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Harris and Lumsden Hotel Limited [2008] NZLLA 1139 (14 August 2008)

Last Updated: 5 February 2010

Decision No. 1139/2008

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 072/ON/11/2003 and off-licence number 072/OFF/13/2003 issued to LUMSDEN HOTEL LIMITED in respect of premises situated at 6 Diana Street, Lumsden, known as "Lumsden Hotel"

BETWEEN ARTHUR JOHN HARRIS

(Police Officer of Invercargill)

Applicant

AND LUMSDEN HOTEL LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr P M McHaffie

DECISION

We have before us an application by Sergeant A J Harris for suspension of on and off-licences held by Lumsden Hotel Limited in respect of premises situated at 6 Diana Street, Lumsden, known as “Lumsden Hotel”.

The grounds for the application are that the premises have been conducted in breach of the provisions of the following sections of the Act:

(i) Section 155 – sale of liquor to a person under the age of 18 years; and
(ii) Section 165 – unauthorised sale or supply of liquor; and

in breach of the conditions of the licences requiring that the provisions of the Act in relation to the sale of liquor to prohibited persons are observed.

More particularly it is alleged that on Saturday 17 May this year the Police and staff from Public Health South conducted a controlled purchase operation in the Southland licensing district. A male volunteer, at the time aged 15 years and nine months, was requested by the Police to enter the “Lumsden Hotel” and attempt to purchase liquor. The request was made in accordance with s.162(5) of the Act in order to monitor compliance with the provisions of the Act and the conditions of the licences.

The volunteer was able to purchase six ‘stubbies’ of Speight’s beer without being challenged as to his age, and without being required to produce any form of indentification.

When approached by the Police the sales person admitted making the sale. The Police asked to speak to the duty manager but he was not in the premises, because he was present at a meeting at the local bowling club. It was subsequently established that no acting manager had been appointed in his absence as required by s.130 of the Act.

The respondent does not dispute the grounds for the application and it is acknowledged that suspension of the on and off-licences is appropriate. The licensee has chosen to accept a recommendation that a term of suspension be imposed by the Authority without the requirement to attend a public hearing.

Having considered the recommendation from Sergeant Harris we make the following order:

On-licence number 072/ON/11/2003 and off-licence number 072/OFF/13/2003, issued to Lumsden Hotel Limited, are suspended for five days from 2.00 am on Sunday 17 August 2008 until 2.00 am on Friday 22 August 2008.

DATED at WELLINGTON this 14th day of August 2008

______________________
B M Holmes
Deputy Secretary

Lumsden Hotel.doc(ab)