Sargent v Meadows Dairy Limited [2009] NZLLA 1463 (22 December 2009)

New Zealand Liquor Licensing Authority

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Sargent v Meadows Dairy Limited [2009] NZLLA 1463 (22 December 2009)

Last Updated: 17 January 2010

Decision No.1463/2009

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 046/OFF/0005/07 issued to MEADOWS DAIRY LIMITED in respect of premises situated at 12-14 Parumoana Street, Porirua, known as "Henry’s"

BETWEEN STEPHEN DENNIS SARGENT

(Police Officer of Porirua)

Applicant

AND MEADOWS DAIRY LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us an application by Senior Sergeant S D Sargent, dated 12 November 2009, for suspension of an off-licence held by Meadows Dairy Limited in respect of premises situated at 12-14 Parumoana Street, Porirua, known as “Henry’s”.

The ground for the application is that the premises have been conducted in breach of the provisions of s.155 of the Act – sale of liquor to a person under 18 years of age.

More particularly it is alleged that on Saturday 10 October 2009 a controlled purchase operation was conducted in the Porirua licensing district. A male volunteer aged 16 years was asked by the Police to enter “Henry’s” and attempt to purchase liquor.

The volunteer selected a four-pack of vodka-based RTDs and took it to the counter. The sales person scanned the item, completed the sale and handed the volunteer his change. At no stage was the volunteer challenged as to his age, nor was he asked to produce any form of identification. When spoken to by the Police the sales person said that he thought the volunteer ‘looked old enough, about 20 years of age’, in spite of signage inside the premises indicating that any person appearing to be under 25 years would asked for identification. The sign allegedly states: ‘No ID, No sale, No exceptions’.

It was subsequently established that the sale had been made by the duty manager Mr Arvind Kumar who is still in the initial ‘probationary’ year of his General Manager’s Certificate issued by Porirua District Licensing Agency on 16 October 2008. Mr Kumar has filed an application to renew the certificate which, understandably, has been opposed by the Police.

The respondent does not dispute the ground for the application. It is acknowledged that suspension of the off-licence is appropriate. An agreement has been reached whereby the off-licence is to be suspended by the Authority, by consent, without the requirement to convene a hearing to determine the application.

Having considered the recommendation from the Police we make the following order:

Off-licence number 046/OFF/0005/07, issued to Meadows Dairy Limited, is suspended for 24 hours from 9.00 am on Saturday 23 January 2010.

DATED at WELLINGTON this 22ND day of December 2009

______________________
B M Holmes
Deputy Secretary

Henry’s Porirua.doc(ab)