Campbell and Kroll v White [2009] NZLLA 1025 (14 September 2009)

New Zealand Liquor Licensing Authority

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Campbell and Kroll v White [2009] NZLLA 1025 (14 September 2009)

Last Updated: 4 February 2010

Decision No.1025/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to
s.135 of the Act for suspension of
General Manager’s Certificate
number 039/GM/110/2008 issued
to HOLLY-ANNE CHRISTINE
WHITE

BETWEEN MICHELLE LEE CAMPBELL
(Police Licensing Administrator of
Palmerston North)

AND LYNNE DIANNE KROLL
(Palmerston North District Licensing
Agency Inspector)

Applicants

AND HOLLY-ANNE CHRISTINE WHITE

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us a joint application dated 13 August 2009, by Ms M L Campbell, Licensing Administrator for Palmerston North Police, and Mrs L D Kroll, Palmerston North District Licensing Agency Inspector for suspension of a General Manager’s Certificate issued to Holly-Anne Christine White.

The ground for the application is that the manager has failed to conduct the licensed premises in a proper manner.

More particularly it is alleged that on Friday 26 June 2009, a controlled purchase operation was undertaken in Palmerston North. Pursuant to s.162(5) of the Act, at the request of Police, two 16 year old volunteers, one male and one female, entered licensed premises and attempted to purchase liquor.

The volunteers arrived at “The Game” on Main Street, Palmerston North, at approximately 10.15 pm. There was a doorman outside and he let them into the premises without asking either of them for identification or other proof of age. The volunteers approached the bar and asked bartender Tara Strickland for a bottle of “Tui” beer and a “Vodka Cruiser” RTD. Ms Strickland gave the drinks to the volunteers and they paid by Eftpos. At no time were they required to produce identification or other proof of age. The volunteers took their drinks to the smoking area, where they were handed to waiting Police staff.

Police and the District Licensing Agency Inspector entered the premises and spoke with Ms Strickland, who advised that she recalled serving the volunteers and that she had believed them to be approximately 19 years old. However, she did acknowledge that the premises’ policy is “No ID – No Service”.

Duty manager Holly White also provided a statement. She advised that at the time the volunteers entered the premises and were sold liquor, she was at the pool table, setting up for a game.

Ms White does not the dispute the grounds for the application, and accepts that suspension of her General Manager’s Certificate is appropriate. She has indicated willingness to accept a recommended term of suspension of her certificate to be imposed by the Authority without the requirement to appear before us at a public hearing.

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

General Manager’s Certificate number 039/GM/110/2008, issued to Holly-Anne Christine White, is suspended for four weeks from Thursday 17 September to Thursday 15 October 2009.

DATED at WELLINGTON this 14th day of September 2009

______________
K Thompson
Secretary