Fitzsimons v The Tavern Limited and Brown [2008] NZLLA 133 (18 February 2008)

New Zealand Liquor Licensing Authority

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Fitzsimons v The Tavern Limited and Brown [2008] NZLLA 133 (18 February 2008)

Last Updated: 27 January 2010

Decision No. 133-134/2008

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 051/ON/10/06 issued to THE TAVERN LIMITED in respect of premises situated at 183 Queen Street, Richmond, Nelson known as "El Taverna"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 051/GM/94/05 issued to CATRIONA SHEARSMITH BROWN

BETWEEN MICHAEL PATRICK FITZSIMONS

(Police Officer of Stoke)

Applicant

AND THE TAVERN LIMITED

First respondent

AND CATRIONA SHEARSMITH BROWN

Second respondent

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 M P Fitzsimons of Stoke Police for suspension of an on-licence and a General Manager’s Certificate following a controlled purchase operation in the Nelson licensing district.

The grounds for the applications are that: the premises have been conducted in breach of the provisions of s.155 of the Act; i.e. sale of liquor to a person under 18 years of age; and the manager has failed to conduct the licensed premises in a proper manner.

More particularly it is alleged that on Friday 30 November 2007, two female volunteers aged 15 and 16 years were requested by the Police to enter licensed premises known as “El Taverna” and attempt to purchase liquor. The volunteers bought two bottles of ‘Schnapps RTD’. 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 the duty manager, Catriona Brown. She accepted that the purchaser should have been required to prove her ability to buy liquor.

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

Sergeant Fitzsimons has invited the respondents 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) On-licence number 051/ON/10/06, issued to The Tavern Limited, is suspended for 24 hours from 10.00 am on Saturday 15 March 2008.

(b) General Manager’s Certificate number 051/GM/94/05, issued to Catriona Brown, is suspended for three weeks from Monday 17 March 2008.

DATED at WELLINGTON this 18th day of February 2008

______________________
B M Holmes
Deputy Secretary

El Taverna.doc