Harris v Winton Commercial Hotel Limited [2009] NZLLA 1395 (11 December 2009)

New Zealand Liquor Licensing Authority

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Harris v Winton Commercial Hotel Limited [2009] NZLLA 1395 (11 December 2009)

Last Updated: 15 January 2010

Decision No.1395/2009

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
072/OFF/17/2007 issued to
WINTON COMMERCIAL HOTEL
LIMITED in respect of premises
situated at 327 Great North Road,
Winton, Southland, known as
“Winton Commercial Hotel”

BETWEEN ARTHUR JOHN HARRIS
(Police Officer of Invercargill)

Applicant

AND WINTON COMMERCIAL HOTEL
LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Dr J Horn

DECISION

The Authority has received an application dated 22 July 2009 by Sergeant A J Harris, Invercargill Police, for suspension of an off-licence in respect of bottle store premises known as “Winton Commercial Hotel”.

The ground for the application is that the licensed premises have been conducted in breach of the following sections of the Act:
Section 155 – Sale or supply of liquor to a minor
Section 165 – Unauthorised sale or supply
Section 172A – Licensee’s offences in respect of manager.

More particularly it is alleged that on Saturday 27 June 2009, a controlled purchase operation was undertaken in Southland. Pursuant to s.162(5) of the Act, at the request of Police, a 15 year old female volunteer entered licensed premises and attempted to purchase liquor.

The volunteer entered “Winton Commercial Hotel” at approximately 8.25 pm. She selected a four-pack of “Pulse” vodka and soda RTDs and approached the counter. Bartender Megan Edgley asked the volunteer for identification. The volunteer stated that she did not have any. Miss Edgley accepted the cash tendered to her and completed the sale.

Police entered the premises and spoke with Miss Edgley. She acknowledged having made the sale to the volunteer, and explained that she had believed her to be 18 years old.

Duty manager Maureen Anderton was located in an adjacent building. Police were advised that the cook who was rostered on shift that night had gone home sick, and that Mrs Anderton was the only person available as a replacement.

The application for suspension of the off-licence states that:

“Sale or supply of liquor to a minor is one of the more serious offences in the Sale of Liquor Act and Police contend that sale or supply of liquor when no manager is ‘on duty’ is unauthorised and thus a breach of section 165.”

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 applicant, we make the following order:

Off-licence number 072/OFF/17/2007, issued to Winton Commercial Hotel Limited, is suspended for four days from 9.00 am on Friday 15 January to 9.00 am on Tuesday 19 January 2010.

DATED at WELLINGTON this 11TH day of December 2009

______________
B M Holmes
Deputy Secretary