Mortensen and Richardson v WTB (2005) Limited and Beachen [2008] NZLLA 214 (26 February 2008)

Last Updated: 1 March 2010

Decision No. 214/2008
-215/2008

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 005/OFF/22/2006 issued to WTB (2005) LIMITED in respect of premises situated at 276 State Highway 17, Albany, North Shore City known as “Super Liquor Albany”

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM 3248/94 issued to WARREN TIMOTHY BEACHEN

BETWEEN SHONTAHL JAYDI MORTENSEN

(Police Officer of North Shore)

AND PETER NORMAN RICHARDSON

(North Shore District Licensing Agency Inspector )

Applicants

AND WTB (2005) LIMITED

First respondent

AND WARREN TIMOTHY BEACHEN

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Dr J Horn

DECISION

We have before us applications by Constable S J Mortensen of North Shore Police in conjunction with Mr P N Richardson, North Shore District Licensing Agency Inspector for suspension of an off-licence and a General Manager’s Certificate following a controlled purchase operation in the North Shore licensing district.

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. sale of liquor to a person under 18 years of age, and the manager has failed to conduct the licensed premises in a proper manner.

More particularly it is alleged that on Friday 14 December 2007, a female volunteer aged 17 years was requested by the Police to enter licensed premises known as “Super Liquor Albany” and attempt to purchase liquor. The volunteer bought a four pack of ‘KGB Vodka’ drinks. The sales person did not require the volunteer to provide identification or to verify her age.

The sales person was not the holder of a manager’s certificate, but the transaction took place in the presence of the duty manager who recalled the sale. He accepted that the purchaser should have been required to prove her ability to purchase liquor.

The respondents do not dispute the grounds for the applications, and it is accepted that suspension of the licence and manager’s certificate is appropriate.

Constable Mortensen and Mr Richardson have invited the respondents to consider the option of imposition by the Authority of a term of suspension, without the requirement to attend a public hearing. That course of action has been adopted.

Accordingly, having considered the recommendations from the Police and the District Licensing Agency Inspector we will deal with the matters on the papers. We now make the following orders:

(a) Off-licence number 005/OFF/22/2006, issued to WTB (2005) Limited is suspended for 24 hours from 9.00 am on Tuesday 25 March 2008.

(b) General Manager’s Certificate number GM 3248/94, issued to Warren Timothy Beachen, is suspended for three weeks from Monday 31 March 2008.

DATED at WELLINGTON this 26th day of February 2008

______________________
B M Holmes
Deputy Secretary

SuperLiquorAlbany.doc