Knight v Golddiggers Liquor Store (Whangamata Limited) and others [2008] NZLLA 701 (27 May 2008)

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Knight v Golddiggers Liquor Store (Whangamata Limited) and others [2008] NZLLA 701 (27 May 2008)

Last Updated: 31 January 2010

Decision No. 701-704/2008

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 off-licence number 011/OFF/88/2004 issued to GOLDDIGGERS LIQUOR STORE (WHANGAMATA) LIMITED in respect of premises situated at 100 Hunt Road, Whangamata, known as "Golddiggers Liquor Warehouse Whangamata"; and off-licence number 011/OFF/133/2007 issued to SUNSHINE SUPERETTE LIMITED in respect of premises situated at 326 Ocean Road, Whangamata, known as "Whangamata Superette"; and off-licence number 011/OFF/46/2001 issued to DESMOND ALLAN MILLAR in respect of premises situated at the corner of Pollen Street and Walter Street, Thames, known as "Golddiggers Liquor Store"; and off-licence number 011/OFF/83/2003 issued to MARTINA FOUR SQUARE LIMITED in respect of premises situated at 307 Pollen Street, Thames, known as "Martina Four Square and Lotto"

BETWEEN REX ANTHONY KNIGHT

(Police Officer of Waihi)

Applicant

AND GOLDDIGGERS LIQUOR STORE (WHANGAMATA) LIMITED

SUNSHINE SUPERETTE LIMITED

DESMOND ALLAN MILLAR

MARTINA FOUR SQUARE LIMITED

Respondents

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us applications by Senior Sergeant R A Knight of Waihi Police for suspension of four off-licences following a controlled purchase operation in the Thames-Coromandel licensing district in January this year.

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. liquor was sold to a person under 18 years of age.

More particularly it is alleged that on Thursday 10 January 2008 a female volunteer aged 16 years, was requested by the Police to enter various licensed premises and attempt to purchase liquor. Such requests are made pursuant to s.162(5) of the Act to assist in monitoring compliance with the provisions of the Act and the conditions of licences.

In each of the premises identified in these applications the volunteer was able to buy liquor without any challenge as to her age and without being required to produce any form of identification.

None of the respondents disputes the grounds for the applications, and they accept that suspension of the off-licences is appropriate.

A settlement has been negotiated whereby terms of suspension are to be imposed by the Authority, by consent, without the requirement to convene a public hearing to determine the matters.

Having considered the recommendations from Senior Sergeant Knight we deal with the matters on the papers, and we make the following orders:

(a) Off-licence number 011/OFF/88/2004, issued to Golddiggers Liquor Store (Whangamata) Limited, is suspended for 24 hours from 7.00 am on Thursday 19 June 2008.

(b) Off-licence number 011/OFF/133/2007, issued to Sunshine Superette Limited, is suspended for three days from 7.00 am on Tuesday 17 June 2008 until 7.00 am on Friday 20 June 2008.

(c) Off-licence number 011/OFF/46/2001, issued to Desmond Allan Millar, is suspended for 24 hours from 8.00 am on Thursday 19 June 2008.

(d) Off-licence number 011/OFF/83/2003, issued to Martina Four Square Limited, is suspended for three days from 8.00 am on Tuesday 17 June 2008 until 8.00 am on Friday 20 June 2008.

DATED at WELLINGTON this 27th day of May 2008

______________________
B M Holmes
Deputy Secretary

Thames-CoromandelCPO.doc(ab)