O'Connell v Greymouth Speights Ale House Limited [2008] NZLLA 1403 (2 October 2008)

New Zealand Liquor Licensing Authority

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O'Connell v Greymouth Speights Ale House Limited [2008] NZLLA 1403 (2 October 2008)

Last Updated: 9 February 2010

Decision No. 1403/2008

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
055/ON/4/2007 issued to
GREYMOUTH SPEIGHTS ALE
HOUSE LIMITED in respect of
premises situated at 130
Mawhera Quay, Greymouth,
known as “Greymouth Speight’s
Ale House”

BETWEEN ALAN O’CONNELL
(Grey District Licensing Agency
Inspector)

Applicant

AND GREYMOUTH SPEIGHTS ALE
HOUSE 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 Mr A O’Connell, Grey District Licensing Agency Inspector, for suspension of an on-licence in respect of Greymouth premises known as “Greymouth Speight’s Ale House”.

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

More particularly it is alleged that on Saturday 26 July 2008, a controlled purchase operation was undertaken in Greymouth. 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 volunteers entered “Greymouth Speight’s Ale House” and went to the bar, where they ordered two drinks. Rachel Wishart was the salesperson and asked the volunteers for identification. When told that they did not have any, Ms Wishart asked when they were born. The volunteers said that they were born in 1990. Ms Wishart stated that was “near enough” and sold the drinks to the volunteers.

Ms Wishart is not currently the holder of a General Manager’s Certificate. She has lodged an application with the Agency and was appointed as a temporary manager at the time of the sale. When Police subsequently spoke with Ms Wishart, she did not dispute the facts and explained that she had had a long day and that her mistake was due to tiredness.

The licensee does not dispute the grounds of the application, and acknowledges that a period of suspension of the licence is appropriate.

They have indicated 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) On-licence number 055/ON/4/2007, issued to Greymouth Speights Ale House Limited, is suspended for 24 hours from 7.00 am on Saturday 18 October 2008.

DATED at WELLINGTON this 2nd day of October 2008

______________
S Cunningham
Secretary