Harris v Winton Hotel (2002) Limited and others [2008] NZLLA 1257 (4 September 2008)

New Zealand Liquor Licensing Authority

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Harris v Winton Hotel (2002) Limited and others [2008] NZLLA 1257 (4 September 2008)

Last Updated: 7 February 2010

Decision No. 1257-1267/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications pursuant to s.132 of the Act for suspension of on-licence number 072/ON/9/2002 and off-licence number 072/OFF/7/2002 issued to WINTON HOTEL (2002) LIMITED in respect of premises situated at 218 Great North Road, Winton, Southland, known as "Winton Hotel"; and on-licence number 072/ON/21/2005 and off-licence number 072/OFF/15/2005 issued to DAVID KEITH TWADDLE in respect of premises situated at 38 McCaughan Street, Browns, Southland, known as "Browns Celtic Tavern"; and on-licence number 072/ON/9/2006 and off-licence number 072/OFF/3/2006 issued to LUMSDEN ACCOMMODATION LIMITED in respect of premises situated at 151, Flora Road, Lumsden, Southland, known as "Royal Mail Hotel"; and off-licence number 072/OFF/4/2006 issued to LUMSDEN DISCOUNT (2006) LIMITED in respect of premises situated at 14 Diana Street, Lumsden, Southland, known as "Lumsden Discount"; and off-licence number 072/OFF/1/2008 issued to B.C. STEVENS LIMITED in respect of premises situated at 346 Great North Road, Winton, Southland, known as "Winton Night N Day"

AND

IN THE MATTER of applications pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM 2002/28 issued to KAREN ANNE DRAKE; and General Manager’s Certificate

Number GM 2008/15 issued to

TREVOR THOMAS MIDDLETON; and General Manager’s Certificate number GM 2281/97 issued to CYNTHIA JOY LYNCH

BETWEEN ARTHUR JOHN HARRIS

(Police Officer of Invercargill)

Applicant

AND WINTON HOTEL (2002) LIMITED

DAVID KEITH TWADDLE

LUMSDEN ACCOMMODATION LIMITED

LUMSDEN DISCOUNT LIQUOR (2006) LIMITED

B.C. STEVENS LIMITED

First respondents

AND KAREN ANNE DRAKE

TREVOR THOMAS MIDDLETON

CYNTHIA JOY LYNCH

Second respondents

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us applications by Sergeant A J Harris of Invercargill Police for suspension of on and off-licences and General Managers’ Certificates following a controlled purchase operation conducted in the Southland licensing district in May 2008.

The grounds for the applications are that the licensed premises have been conducted in breach of the provisions of the Act and the conditions of the licences, and the managers have failed to conduct licensed premises in a proper manner.

More particularly it is alleged that on Saturday 17 May this year, a controlled purchase operation was conducted jointly by the Police and Public Health South.

Under-age volunteers were requested, pursuant to s.162(5) of the Act, to enter licensed premises and attempt to purchase liquor. In all of the premises identified in this decision liquor was sold to the volunteers. In all but the “Browns Celtic Tavern” no inquiry was made in relation to the ages of the volunteers.

When the volunteer who entered the “Browns Celtic Tavern” was asked to produce identification he admitted to having none. He was asked his date of birth to which he responded in a way that would have placed his age at 18 years and two months. No further inquiry was made of the volunteer to establish the truth of his claim, and the sale was made.

The respondents do not dispute the grounds for the applications and it is acknowledged that suspension of the licences and managers’ certificates is appropriate.

Sergeant Harris has invited the respondents to consider the option of undergoing a recommended period of suspension by consent without the requirement to appear at a public hearing before the Authority. That course of action has been accepted.

Having considered the recommendations from the Police, we deal with the matters on the papers, and we make the following orders:

(a) On and off-licences numbered 072/ON/9/2002 and 072/OFF/7/2002, issued to Winton Hotel (2002) Limited, are suspended for 24 hours from 9.00 am on Saturday 11 October 2008 until 9.00 am on Sunday 12 October 2008.

(b) On and off-licences numbered 072/ON/21/2005 and 072/OFF/15/2005, issued to David Keith Twaddle, are suspended for 24 hours from 7.00 am on Saturday 11 October 2008 until 7.00 am on Sunday 12 October 2008.

(c) On and off-licences numbered 072/ON/9/2006 and 072/OFF/3/2006, issued to Lumsden Accommodation Limited, are suspended for 24 hours from 9.00 am on Saturday 11 October 2008 until 9.00 am on Sunday 12 October 2008.

(d) Off-licence number 072/OFF/4/2006, issued to Lumsden Discount (2006) Limited, is suspended for five days from 8.30 am on Saturday 11 October 2008 until 8.30 am on Thursday 16 October 2008.

(e) Off-licence number 072/OFF/1/2008, issued to B.C. Stevens Limited, is suspended for five days from 7.00 am on Saturday 11 October 2008 until 7.00 am on Thursday 16 October 2008.

(f) General Manager’s Certificate number GM 2002/28, issued to Karen Anne Drake, is suspended for three weeks from Monday 13 October 2008.

• (g) General Manager’s Certificate number GM 2008/15, issued to Trevor Thomas Middleton, is suspended for three weeks from Monday 13 October 2008.
  
• (h) General Manager’s Certificate number GM 2281/97, issued to Cynthia Joy Lynch, is suspended for three weeks from Monday 13 October 2008.
  

DATED at WELLINGTON this 4th day of September 2008

______________________
B M Holmes
Deputy Secretary

Winton Hotel &Ors.doc(ab)