Patrick v Hughes [2009] NZLLA 1097 (30 September 2009)

New Zealand Liquor Licensing Authority

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Patrick v Hughes [2009] NZLLA 1097 (30 September 2009)

Last Updated: 5 February 2010

Decision No.1097/2009

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 GM/007/860/07 issued to
TRISTAN JOHN HUGHES

BETWEEN TAI JOSEPH PATRICK
(Police Officer of Whangarei)

Applicant

AND TRISTAN JOHN HUGHES

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us an application dated 17 August 2009 by Sergeant T J Patrick, Whangarei Police, for suspension of a General Manager’s Certificate issued to Tristan John Hughes.

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 Saturday 18 July 2009, a controlled purchase operation was undertaken in Whangarei. Pursuant to s.162(5) of the Act, at the request of Police, a 17 year old male volunteer entered licensed premises and attempted to purchase liquor.

The volunteer entered “Super Liquor Whangarei” at approximately 5.30 pm. He selected a six-pack of “Woodstock Bourbon and Cola” RTDs and approached the counter, where duty manager Tristan Hughes was working. Mr Hughes asked the volunteer if he had any identification, but when advised that the volunteer did not, he continued with the sale regardless.

Police spoke with Mr Hughes after the incident. He explained that after being advised that the volunteer did not have identification, he decided that the volunteer looked “of age to purchase alcohol” and that was why he completed the sale. Mr Hughes’ employment was terminated as a result of the incident.

An application for suspension of the “Super Liquor Whangarei” off-licence was also lodged and it is understood that this is intended to be determined at a public hearing of the Authority at a later date.

As we said in the decision of K J Tutty v Te Awamutu Wines & Spirits (1998) Limited LLA PH 44-49/2009:

“In our view selling liquor to minors is one of the more serious forms of encouragement of liquor abuse. It is now over nine years since the purchasing age was lowered from 20 to 18.”

Mr Hughes has acknowledged his mistake, and that a period of suspension of his General Manager’s Certificate is appropriate.

He has indicated willingness to accept a recommended term of suspension of his manager’s certificate, without the requirement to appear before the Authority at a public hearing.

Accordingly, having considered the recommendations from the applicant, and taking into account Mr Hughes’ loss of employment, we make the following order:

General Manager’s Certificate number GM/007/860/07, issued to Tristan John Hughes, is suspended for three weeks from Monday 2 November 2009.

DATED at WELLINGTON this 30th day of September 2009

______________
B M Holmes
Deputy Secretary