Fitzsimons v General Distributors Limited and Brown [2008] NZLLA 1519 (7 November 2008)

Last Updated: 10 February 2010

Decision No. 1519-1520/2008

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 050/OFF/69/2005 issued to GENERAL DISTRIBUTORS LIMITED in respect of premises situated at the corner of Tahaki Street and Halifax Street, Nelson known as "Woolworths"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 050/GM/0009 issued to JOHN WAITANGI BROWN

BETWEEN MICHAEL PATRICK FITZSIMONS

(Police Officer of Stoke)

Applicant

AND GENERAL DISTRIBUTORS LIMITED

First respondent

AND JOHN WAITANGI BROWN

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us applications by Sergeant M P Fitzsimons of Stoke Police for suspension of an off-licence held by General Distributors Limited in respect of premises situated on the corner of Tahaki Street and Halifax Street, Nelson, known as “Woolworths”, and for suspension of a General Manager’s Certificate held by John Waitangi Brown.

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. the sale of liquor to a person under the age of 18 years, and that the conduct of the manager has been such as to show that he is unsuitable to hold the certificate.

More particularly it is alleged that on Friday 26 September 2008 a controlled purchase operation was undertaken in the Nelson licensing district. A total of 30 premises were visited, and only one failed the test.

A volunteer aged 15 years was able to purchase a bottle of wine from the first respondent’s premises. The sale was made by a person aged 16 years. No inquiry in relation to the volunteer’s age was made and no proof of identity was sought. The second respondent was the duty manager at the time the unlawful sale occurred.

The respondents do not dispute the grounds for the applications. Following discussion with Sergeant Fitzsimons a recommended term of suspension of the off-licence and the manager’s certificate is to be imposed by the Authority by consent, without the requirement to convene a public hearing.

Having considered the recommendations from the applicant we make the following orders:

(a) Off-licence number 050/OFF/69/2005, issued to General Distributors Limited, is suspended for 24 hours from 7.00 am on Friday 28 November 2008.

(b) General Manager’s Certificate number 050/GM/0009, issued to John Waitangi Brown, is suspended for two weeks from Monday 1 December 2008.

DATED at WELLINGTON this 7th day of November 2008

______________________
B M Holmes
Deputy Secretary

Woolworths Nelson.doc(ab)