Lawn and Spang v Yellow Cross Brewing Company Limited and Greig [2008] NZLLA 1494 (3 November 2008)

New Zealand Liquor Licensing Authority

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Lawn and Spang v Yellow Cross Brewing Company Limited and Greig [2008] NZLLA 1494 (3 November 2008)

Last Updated: 10 February 2010

Decision No. 1494-1497/2008

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 060/ON/37/2008 issued to YELLOW CROSS BREWING COMPANY LIMITED in respect of premises situated at 179 Tuam Street, Christchurch, known as "Yellow Cross"

AND

IN THE MATTER of applications pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/007/660/06 issued to DAVID JAMES GREIG

BETWEEN ALASTAIR JOHN LAWN

(Police Officer of Christchurch)

AND PAUL JOHN TYCHO SPANG

(Christchurch District Licensing Agency Inspector)

Applicants

AND YELLOW CROSS BREWING COMPANY LIMITED

First respondent

AND DAVID JAMES GREIG

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us applications by Sergeant A J Lawn, Christchurch Police, and Mr P J T Spang, Christchurch District Licensing Agency Inspector, for suspension of an on-licence in respect of Christchurch premises known as “Yellow Cross”, and for suspension of a General Manager’s Certificate held by David James Greig.

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 Friday 9 May 2008, a controlled purchase operation was undertaken in the Christchurch area. Pursuant to s.162(5) of the Act, at the request of Police two volunteers under the age of 18 years entered licensed premises and attempted to purchase liquor.

At “Yellow Cross”, liquor was sold to one of the volunteers without any proof of age being requested. David Greig was the manager on duty at the time of the purchase.

The respondents did not dispute the grounds of the applications, and acknowledged that suspension of the licence and manager’s certificate were appropriate.

They 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.

Owing to an administrative oversight our decision did not issue prior to the dates for suspension agreed upon between the applicants and the respondents. However, the District Licensing Agency Inspector has advised our Secretary that the suspensions have been served as arranged.

Accordingly, we confirm the following orders:

(a) On-licence number 060/ON37/2008, issued to Yellow Cross Brewing Company Limited, was suspended for 24 hours from 7.00 am on Friday 29 August 2008.

(b) General Manager’s Certificate number GM/007/660/06, issued to David James Greig, was suspended for 30 days from Monday 1 September 2008.

DATED at WELLINGTON this 3rd day of November 2008

______________________
B M Holmes
Deputy Secretary