Greenwood v Ohaupo Properties Limited and Brewer [2008] NZLLA 1605 (18 November 2008)

Last Updated: 11 February 2010

Decision No. PH 1605-1606/2008

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 016/ON/20/03 issued to OHAUPO PROPERTIES LIMITED in respect of premises situated at 101 Ohaupo Road, Ohaupo, known as “Ohaupo Hotel”

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/012/2/2008 issued to RICHARD JOHN BREWER

BETWEEN CHRISTOPHER RON GREENWOOD

(Police Officer of Te Awamutu)

Applicant

AND OHAUPO PROPERTIES LIMITED

First Respondent

AND RICHARD JOHN BREWER

Second Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at HAMILTON on 4 November 2008

APPEARANCES
Sergeant C Greenwood – NZ Police – applicant
Mrs L J Henry – on behalf of first respondent
Mr R B Brewer – second respondent
Mr K J Tutty – Waipa District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority are two enforcement applications. The first application is for the suspension of an on-licence issued to Ohaupo Properties Limited in respect of premises at Ohaupo, known as “Ohaupo Hotel”. We understand that the premises are also known as “Windy Ridge”. The business trades under a hotel-style licence. Mrs L J Henry is a director of the company that has been operating the business for the past six years.

[2] This is a country-style business and it is a quiet bar with an associated restaurant. The clientele is predominantly older. The company has had no difficulties in the operation and management of the premises since it took over.

[3] The application for suspension is based on the ground that the premises were conducted in breach of the Act. In particular it was alleged that on 16 August 2008 liquor was sold to a 16 year-old volunteer.

[4] The second application is for the suspension of a General Manager’s Certificate issued to Mr Richard John Brewer. Mr Brewer has only held his certificate since 5 February 2008. The grounds for his application is that he has failed to conduct licensed premises in a proper manner. The particulars relate to the controlled purchase operation when Mr Brewer was the manager on duty. The evidence was not challenged by the respondents.

[5] The controlled purchase operation took place on Saturday 16 August at about 7.00 pm. Approximately nine premises were visited in the Te Awamutu area. The volunteer was able to make a purchase at two on-licensed premises and one off-licensed premises. She was unsuccessful in making purchases in six other premises.

[6] The volunteer was born on 24 October 1991 and was nearly 16 years and 10 months old at the time of the operation. She entered the “Ohaupo Tavern” at about 8.40 pm. She went up to the bar and she asked the female bar person for a ‘Vodka Cruiser’. She was asked what flavour and requested a red flavoured ‘Vodka Cruiser’. The sale was made without her being asked for identification or any questions made about her age. Both respondents acknowledged that the contents of the bottle of ‘Vodka Cruiser’ contained liquor in terms of the Act.

[7] Mrs Henry accepted full responsibility for what had happened. She did say that on the night in question the company was hosting a 21st birthday party. The duty manager had checked all identifications of young people attending the function. She said that Mr Brewer was in the restaurant part of the premises looking after the guests at the 21st birthday party. The bar was being operated by a young university student. She believed that the young student had thought that the volunteer was part of the 21st birthday and had already had her identification checked. However it was accepted that identification should have been requested regardless.

[8] Since the incident Mrs Henry has advised that the normal induction which covers host responsibility for all new staff, has been changed so that all customers who look younger than 30 years are to be asked for their identification. The correct birthday for an identification check is posted in the bar on a daily basis. The host responsibility policy is a simple document that clearly caters for the protection of drinkers, and in particular their safety and enjoyment.

[9] We also heard from Mr Brewer. He has clearly learnt an important lesson that it is difficult for him to operate any part of the premises and still be able to check for potential breaches of the Act. He has now reached the stage where he has accepted responsibility for the majority of sales that are made and will therefore be able to carry out checks directly. He said that he has reached the stage where he is unlikely to place too much trust in an employee to run the bar, particularly on a busy night.

[10] It is clear to us that the grounds for the two applications have been established and we believe that it is desirable to make suspension orders. We have taken into account, as best we can, the special circumstances that exist in this particular case. In those circumstances we have determined that the on-licence will be suspended for 24 hours on a Tuesday, rather than on the Saturday, which was the day of the week on which the controlled purchase took place. We have decided that the General Manager’s Certificate will be suspended for 10 days, bringing home to Mr Brewer the need for focus on his responsibility.

[11] For the reasons that we have attempted to articulate, on-licence number 016/ON/20/03, issued to Ohaupo Properties Limited, is suspended for 24 hours commencing at 10.00 am on Tuesday 11 November 2008 until 10.00 am on Wednesday 12 November 2008.

[12] General Manager’s Certificate number GM/012/2/2008, issued to Richard John Brewer, will be suspended for 10 days commencing on Tuesday 4 November 2008.

DATED at WELLINGTON this 18th day of November 2008

B M Holmes
Deputy Secretary

Ohaupo Hotel.doc(jeh)