Parata v Horton and Horton [2008] NZLLA 1211 (27 August 2008)

New Zealand Liquor Licensing Authority

[Index] [Search] [Download] [Help]

---

Parata v Horton and Horton [2008] NZLLA 1211 (27 August 2008)

Last Updated: 6 February 2010

Decision No. 1211/2008

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 off-licence number 052/OFF/LIQ2144 issued to the partnership of THOMAS BRUCE HORTON and THERESA LINDA JOY HORTON in respect of premises situated at 9 Mills Street, Seddon, Marlborough District, known as “Cosy Corner”

BETWEEN NAERA PARATA
(Police Officer of Blenheim)

Applicant

AND THOMAS BRUCE HORTON and
THERESA LINDA JOY HORTON
(trading in partnership)

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

The Authority has received an application by Sergeant N Parata of Blenheim Police for suspension of an off-licence in respect of premises situated in Seddon, known as “Cosy Corner”.

The ground for the application is that the licensed premises have been conducted in breach of s.155 of the Act, by the sale or supply of liquor to a minor.

More particularly it is alleged that on Thursday 19 June 2008, a controlled purchase operation was undertaken in the Marlborough district. Pursuant to s.162(5) of the Act, at the request of Police two 17 year old volunteers, one male and one female, entered licensed premises and attempted to purchase liquor.

The male volunteer entered “Cosy Corner” at approximately 7.50 pm and attempted to purchase a four-pack of KGB vodka RTDs. The salesperson was later identified as Nicole Cleaver. Miss Cleaver asked the volunteer for identification but when advised that he did not have any she still completed the purchase.

Miss Cleaver is not the holder of a General Manager’s Certificate and is to be dealt with through the District Court. Linda Horton was intended to be the manager on duty at the time but she was called home and appointed her husband, Thomas Horton, as a temporary manager.

Mr and Mrs Horton have admitted that the sale occurred and acknowledge that suspension of the licence is appropriate.

They 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 applicant we make the following order:

(a) Off-licence number 052/OFF/LIQ2144, issued to the partnership of Thomas Bruce Horton and Theresa Linda Joy Horton, is suspended for three days from 8.00 am on Wednesday 1 October 2008.

DATED at WELLINGTON this 27th day of August 2008

______________
B M Holmes
Deputy Secretary