Burnett and Lahman v Forrestt Hills Limited [2009] NZLLA 1214 (23 October 2009)

New Zealand Liquor Licensing Authority

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Burnett and Lahman v Forrestt Hills Limited [2009] NZLLA 1214 (23 October 2009)

Last Updated: 6 February 2010

Decision No.1214/2009

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 off-licence number 035/OF/001/2008 issued to FORRESTT HILLS LIMITED in respect of premises situated at 459 Normanby Road, Normanby, known as “Okaiawa Hotel”

BETWEEN ROBYN ALEXANDRA EILA BURNETT
(Police Officer of Hawera)

AND JOANNE LEE LAHMAN
(South Taranaki District
Licensing Agency Inspector)

Applicants

AND FORRESTT HILLS 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 24 August 2009 by Sergeant R A E Burnett, Hawera Police, and Ms J L Lahman, South Taranaki District Licensing Agency Inspector, for suspension of an off-licence in respect of Normanby premises known as “Okaiawa Hotel”.

The ground of the application is that the licensed premises have been conducted in breach of section 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 the South Taranaki district. 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 the bar area of the “Okaiawa Hotel” at approximately 10.05 pm. The premises were about to close, as the two people who had entered to supervise the controlled purchase operation were the only two customers inside. The volunteers entered and approached Ian Hausman at the bar, where they asked himfor a dozen “Tui” beers. During the processing of the transaction, Mr Hausman commented, “I guess one of you is old enough are you?”, but neither of the volunteers replied and Mr Hausman said nothing further. The sale was completed and the volunteers left the premises.

When spoken to by Police, Mr Hausman advised that he could recall the sale, and that he had thought the volunteers to be old enough. Mr Hausman is not the holder of a General Manager’s Certificate, having been appointed as acting manager for the premises. He was charged with selling liquor to a minor and is being processed through the District Court.

In the decision of Nolas Wines and Spirits Limited LLA PH 816-817/06, we commented on the problem of youth access to alcohol, saying:

“Among the education methods employed by the agencies has been the controlled purchase operation. By using this method, the agencies have, for the first time, been able to check to see whether off-licences were playing their part in reducing liquor abuse. All licensees should be well aware of the concerns about under-age access to liquor, and the impact of such access on the community, and the efforts being made to address the problem.”

The respondent has admitted that the breach occurred and acknowledges that a period of suspension of the off-licence is appropriate.

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

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

Off-licence number 035/OF/001/2008, issued to Forrestt Hills Limited, is suspended for three days from 7.00 am on Saturday 14 November to 7.00 am on Tuesday 17 November 2009.

DATED at WELLINGTON this 23rd day of October 2009

______________
B M Holmes
Deputy Secretary

Okaiawa Hotel.doc