Burnett and Lahman v Uerata [2009] NZLLA 1215 (23 October 2009)

New Zealand Liquor Licensing Authority

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Burnett and Lahman v Uerata [2009] NZLLA 1215 (23 October 2009)

Last Updated: 6 February 2010

Decision No.1215/2009

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 0994/2000 issued to JOANNE PARE UERATA

BETWEEN ROBYN ALEXANDRA EILA BURNETT
(Police Officer of Hawera)

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

Applicants

AND JOANNE PARE UERATA

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us a joint application dated 19 August 2009 by Sergeant R A E Burnett, Hawera Police, and Ms J L Lahman, South Taranaki District Licensing Agency Inspector, for suspension of a General Manager’s Certificate issued to Joanne Pare Uerata.

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 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, a 17 year old female volunteer entered licensed premises and attempted to purchase liquor.

The volunteer entered the bar area of the “Normanby Hotel” at approximately 9.45 pm and asked duty manager Joanne Uerata for a dozen “Tui” beers. Ms Uerata did not ask the volunteer for identification or other proof of age, and completed the sale.

When spoken to after the sale, Ms Uerata stated that she remembered the volunteer and that she had believed her to be old enough. She was disappointed and remorseful for her actions. Ms Uerata was charged with selling liquor to a minor and is being dealt with through the District Court.

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.”

Ms Uerata has indicated willingness to accept a recommended term of suspension of her manager’s certificate, 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:

General Manager’s Certificate number GM 0994/2000, issued to Joanne Pare Uerata, is suspended for 30 days from Monday 16 November 2009.

DATED at WELLINGTON this 23rd day of October 2009

______________
B M Holmes
Deputy Secretary

Joanne Uerata.doc