Oliver v The Fish & Chip Shop Limited and Bruce [2008] NZLLA 1142 (15 August 2008)

New Zealand Liquor Licensing Authority

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Oliver v The Fish & Chip Shop Limited and Bruce [2008] NZLLA 1142 (15 August 2008)

Last Updated: 5 February 2010

Decision No. 1142-1143/2008

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 060/ON/58/2007 issued to THE FISH & CHIP SHOP LIMITED in respect of premises situated at 179 Tuam Street, Christchurch, known as "The Fish & Chip Shop"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 068/GM/43/07 issued to LINDA MARIE BRUCE

BETWEEN DOUGLAS CHARLES OLIVER

(Police Officer of Christchurch)

Applicant

AND THE FISH & CHIP SHOP LIMITED

First respondent

AND LINDA MARIE BRUCE

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us applications by Senior Constable D C Oliver, Christchurch Police, for suspension of an on-licence in respect of Christchurch premises known as “The Fish & Chip Shop”, and for suspension of a General Manager’s Certificate held by Linda Marie Bruce.

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

Section 155 – Sale or supply of liquor to minors
Section 164 – Permitting minors to be in restricted areas or supervised areas
Section 165 – Unauthorised sale or supply

and that the manager has failed to conduct the premises in a proper manner.

More particularly it is alleged that on Wednesday 19 March 2008, a controlled purchase operation was undertaken in the Christchurch area. Pursuant to s.162(5) of the Act, at the request of Police a 17 year old male volunteer and 16 year old female volunteer entered licensed premises and attempted to purchase liquor.

The volunteers entered “The Fish & Chip Shop” and the male volunteer requested some drinks. The liquor was sold to the volunteer without any proof of age being requested.

Linda Bruce was the manager on duty at the time of the purchase.

The respondents do not dispute the grounds of the applications, and acknowledge that suspension of the licence and manager’s certificate is appropriate.

They have indicated their willingness to accept recommended terms of suspension of the licence and manager’s certificate, to be imposed by the Authority without the requirement to appear before us at a public hearing.

Accordingly, having considered the recommendations from the applicant we make the following orders:

(a) On-licence number 060/ON/58/2007, issued to The Fish & Chip Shop Limited, is suspended for 24 hours from 8.00 am on Wednesday 27 August 2008.

(b) General Manager’s Certificate number 068/GM/43/07, issued to Linda Marie Bruce, is suspended for 30 days from Monday 1 September 2008.

DATED at WELLINGTON this 15th day of August 2008

______________________
B M Holmes
Deputy Secretary