Campbell and Kroll v Speight's Ale House (Palmerston North) Limited and Ousey [2009] NZLLA 138 (20 February 2009)

Last Updated: 27 January 2010

Decision No. 138/2009-139/2009

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 039/ON/40/2008
issued to SPEIGHT’S ALE
HOUSE ( PALMERSTON
NORTH ) LIMITED in respect of
premises situated at 27 Grey
Street, Palmerston North, known
as “Speight’s Ale House”

AND

IN THE MATTER of an application pursuant to s.135
of the Act for suspension of
General Manager’s Certificate
number 033/GM/714/2005 issued
to BRYAN WILLIAM OUSEY

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

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

Applicants

AND SPEIGHT’S ALE HOUSE
( PALMERSTON NORTH )
LIMITED

First respondent

AND BRYAN WILLIAM OUSEY

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Ms J D Moorhead

DECISION

The Authority has received joint enforcement applications by Ms M L Campbell, Palmerston North Police, and Mrs L D Kroll, Palmerston North District Licensing Agency Inspector, for suspension of an on-licence in respect of Palmerston North premises known as “Speight’s Ale House”, and for suspension of a General Manager’s Certificate held by Bryan William Ousey.

The grounds of the applications are 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, and that the manager has failed to conduct the licensed premises in a proper manner.

More particularly it is alleged that on Friday 19 December 2008, a joint-agency controlled purchase operation was undertaken in Palmerston North. Pursuant to s.162(5) of the Act, at the request of Police, a 16 year old male volunteer and 17 year old female volunteer entered licensed premises and attempted to purchase liquor.

The volunteers entered “Speight’s Ale House” at approximately 10.15 pm and approached the bar. The male volunteer asked for a pint of “Speight’s” beer. The bartender poured the drink and before processing the Eftpos transaction, asked the female volunteer if she would like anything. She said no, and the sale was completed. At no time did the bartender request identification or other proof of age from either of the volunteers.

The bartender provided a statement to Police. He stated that he was aware of his responsibilities and that the policy was to ask for identification from anyone who looked under the age of 25 years. He said that he had thought that the male volunteer was 18 years old and that he was eating with his family in the restaurant. Bryan Ousey was the manager on duty at the time the sale was made.

In Onehunga Wines & Spirits Co Limited LLA PH 311-312/2001 we said:

“Since the age limit was reduced to eighteen, there have been regular concerns expressed throughout the country about the ability of young people to obtain alcohol..... When Parliament reduced the age limit to eighteen, it doubled the penalties. It was sending a message to the public that people who breached this aspect of the law must expect rigorous enforcement and severe consequences.”

The respondents have admitted the allegations against them and acknowledge that suspension of the licence and manager’s certificate is appropriate.

The applicants have invited the respondents to consider the option of imposition by the Authority of a term of suspension without the requirement to attend a public hearing. That course of action has been adopted.

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

(a) On-licence number 039/ON/40/2008, issued to Speight’s Ale House ( Palmerston North ) Limited, was suspended for 24 hours from 7.00 am on Friday 2 January 2009.

(b) General Manager’s Certificate number 033/GM/714/2005, issued to Bryan William Ousey, is suspended for four weeks from Monday 16 March 2009.

DATED at WELLINGTON this 20th day of February 2009

______________
B M Holmes
Deputy Secretary