Formosa v 276 Gloucester Street Limited [2009] NZLLA 188 (3 March 2009)

Last Updated: 28 January 2010

Decision No. 188/2009

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 030/ON/10/08
issued to 276 GLOUCESTER
STREET LIMITED in respect of
premises situated at 280
Gloucester Street, Napier, known
as “Soda”

BETWEEN NIGEL ANDREW VINCENT
FORMOSA
(Police Officer of Napier)

Applicant

AND 276 GLOUCESTER STREET
LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

The Authority has received an application by Sergeant N A V Formosa, Napier Police, for suspension of an on-licence in respect of a Napier bar known as “Soda”.

The ground of the application is that the licensed premises have been conducted in breach of s.155 of the Act, by selling liquor to a minor.

More particularly, Police and the Napier District Licensing Agency conducted a joint-agency controlled purchase operation on Thursday 18 December 2008. Pursuant to s.162(5) of the Act, at the request of Police a 16 year old female volunteer entered licensed premises and attempted to purchase liquor.

At approximately 8.45 pm the volunteer entered “Soda”. A Police constable in plain clothes was also inside the premises to observe. The volunteer went to the bar and asked the female bartender for a vodka and orange. She paid by cash and was handed her change with the drink. At no stage was she asked for identification or other proof of age.

The manager on duty was an acting manager. He was not present in the bar area at the time that the sale took place.

The respondent has admitted that the sale occurred and acknowledges that suspension of the on-licence is appropriate.

The respondent has indicated willingness to accept a recommended term of suspension of the licence to be imposed by the Authority without the requirement to appear before us at a public hearing.

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

On-licence number 030/ON/10/08, issued to 276 Gloucester Street Limited, is suspended for 24 hours from 7.00 am on Thursday 2 April 2009.

DATED at WELLINGTON this 3rd day of March 2009

______________
B M Holmes
Deputy Secretary