Bright v Taumarunui Liquor 2007 Limited [2008] NZLLA 1521 (7 November 2008)

Last Updated: 10 February 2010

Decision No. 1521/2008

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 032/OFF/2718/2007 issued to TAUMARUNUI LIQUOR 2007 LIMITED in respect of premises situated at 17 Hakiaha Street, Taumarunui, known as "Taumarunui Liquorland"

BETWEEN LANCE DION BRIGHT

(Police Officer of Taumarunui)

Applicant

AND TAUMARUNUI LIQUOR 2007 LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

The Authority has received an application by Sergeant L D Bright, Taumarunui Police, for suspension of an off-licence in respect of a bottle store known as “Taumarunui Liquorland”.

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

More particularly it is alleged that on Thursday 26 June 2008, a controlled purchase operation was undertaken in the Ruapehu district. Pursuant to s.162(5) of the Act, at the request of Police a 17 year old male volunteer and 14 year old female volunteer entered licensed premises and attempted to purchase liquor.

The male volunteer entered “Taumarunui Liquorland” at approximately 5.30 pm. He selected a six-pack of “Barrel 51” bourbon and cola RTDs and approached the counter. He paid for the product and left the premises.

At around 6.50 pm, the female volunteer also visited “Taumarunui Liquorland”. She selected a four-pack of “Archers” peach schnapps RTDs. Again no effort was made to ascertain the age of the volunteer, and she left the store with her purchase.

Police later identified the salesperson on both occasions as being Sandra Kay Stephens. Police then attempted to locate the duty manager, Grant Henderson, and established that he had not been in the premises are required by Act, but at home having dinner when the sales took place.

The respondent has admitted that the sales occurred and acknowledges that suspension of the licence is appropriate.

The respondent has indicated willingness to accept recommended terms 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 and respondent we make the following order:

(a) Off-licence number 032/OFF/2718/2007, issued to Taumarunui Liquor 2007 Limited, is suspended for 24 hours from 8.00 am on Thursday 4 December 2008, and for 24 hours from 8.00 am on Sunday 7 December 2008.

DATED at WELLINGTON this 7th day of November 2008

______________________
B M Holmes
Deputy Secretary