Burnett and Lahman v Opunake Tavern 2003 Limited [2009] NZLLA 1211 (23 October 2009)

New Zealand Liquor Licensing Authority

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Burnett and Lahman v Opunake Tavern 2003 Limited [2009] NZLLA 1211 (23 October 2009)

Last Updated: 6 February 2010

Decision No.1211/2009

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 035/ON/005/2005 and off-licence number 035/OF/003/2005 issued to OPUNAKE TAVERN 2003 LIMITED in respect of premises situated at 28 Tasman Street, Opunake, known as “Opunake Surf Inn”

BETWEEN ROBYN ALEXANDRA EILA BURNETT
(Police Officer of Hawera)

AND JOANNE LEE LAHMAN

(South Taranaki District Licensing Agency Inspector)

Applicants

AND OPUNAKE TAVERN 2003 LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

The Authority has received a joint application dated 7 September 2009 by Sergeant R A E Burnett and Ms J L Lahman, for suspension of on and off-licences in respect of tavern store premises known as “Opunake Surf Inn”.

The ground of the application is that the licensed premises have been conducted in breach of s.155 of the Act, by the sale or supply of liquor to a minor.

More particularly it is alleged that on Saturday 20 June 2009, a controlled purchase operation was undertaken in South Taranaki. Pursuant to s.162(5) of the Act, at the request of Police, two volunteers aged 16 and 17 years , entered licensed premises and attempted to purchase liquor.

The volunteers entered “Opunake Surf Inn” at approximately 6.55 pm. They selected a box of “Woodstock Bourbon and Cola” RTDs and approached the counter. They were served by salesperson Bobbie-Lee Rampton, who did not ask for identification or other proof of age, and completed the transaction.

Ms Rampton is not the holder of a General Manager’s Certificate and is being dealt with through the District Court. The duty manager at the time of the sale was Joan Tapiki. Ms Tapiki was in the public bar area of the premises, which is separate from the bottle store. An application was also made to suspend her General Manager’s Certificate, and this was suspended for three weeks (see LLA 1103/2009).

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.”

The respondent has admitted that the breach occurred and acknowledges that periods of suspension of the on and off-licences are appropriate.

The company has indicated willingness to accept recommended terms of suspension of the licences, without the requirement to appear before the Authority at a public hearing.

Accordingly, having considered the recommendations from the applicants, we make the following orders:

(a) On-licence number 035/ON/005/2005, issued to Opunake Tavern 2003 Limited, is suspended for 24 hours from 9.00 am on Friday 13 November 2009.

(b) Off-licence number 035/OF/003/2005, issued to Opunake Tavern 2003 Limited, is suspended for 24 hours from 9.00 am on Friday 13 November 2009.

DATED at WELLINGTON this 23rd day of October 2009

______________
B M Holmes
Deputy Secretary

Opunake Surf Inn.doc