Lovatt v Rose & Shamrock Limited [2009] NZLLA 352 (7 April 2009)

New Zealand Liquor Licensing Authority

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Lovatt v Rose & Shamrock Limited [2009] NZLLA 352 (7 April 2009)

Last Updated: 27 March 2010

Decision No. 352/2009 – 253/2009

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 029/ON/8/2003R
issued to ROSE & SHAMROCK
LIMITED in respect of premises
situated at 15 Napier Road,
Havelock North, known as “Rose
& Shamrock Village Inn”

AND

IN THE MATTER of an application pursuant to s.135
of the Act for suspension of
General Manager’s Certificate
number 052/GM/LIQ3347 issued
to IAN CHARLES DICKINSON

BETWEEN JOHN HENRY LOVATT
(Hastings District Licensing
Agency Inspector)

Applicant

AND ROSE & SHAMROCK LIMITED

First respondent

AND IAN CHARLES DICKINSON

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

The Authority has received applications by Mr J H Lovatt, Hastings District Licensing Agency Inspector, for suspension of an on-licence in respect of Havelock North premises known as the “Rose & Shamrock Village Inn”, and for suspension of the General Manager’s Certificate issued to Ian Charles Dickinson.

The grounds for the application for suspension of the on-licence are that the licensed premises have been conducted in breach of the following sections of the Act:

Section 155 – Sale or supply of liquor to minors
Section 165 – Unauthorised sale or supply

as well as condition (h) of the on-licence which states that the licensee must ensure that liquor is not sold or supplied to prohibited persons. The application for suspension of the manager’s certificate is on the ground that Mr Dickinson has failed to conduct the licensed premises in a proper manner.

More particularly, Police, Public Health staff and the Hastings District Licensing Agency conducted a controlled purchase operation in the wider Hastings area on Saturday 14 March 2009. 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.

The volunteer entered the “Rose & Shamrock Village Inn” at approximately 10.00 pm. She went to the bar and requested a lemon-flavoured vodka RTD, and the bartender sold the drink to the volunteer without requesting identification or other proof of age.

Ian Dickinson was the manager on duty when the sale occurred. However, he was not in the bar area at the time and did not see the sale take place.

The bartender who made the sale is not the holder of a manager’s certificate and is to be dealt with through the District Court.

The respondents have admitted that the sale occurred and acknowledge that periods of suspension of the on-licence and General Manager’s Certificate are appropriate.

They have indicated willingness to accept recommended terms of suspension of the licence and manager’s certificate 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 orders:

(a) On-licence number 029/ON/8/2003R, issued to Rose & Shamrock Limited, is suspended for 24 hours from 7.00 am on Thursday 21 May 2009.

(b) General Manager’s Certificate number 052/GM/LIQ3347, issued to Ian Charles Dickinson, is suspended for two weeks from Monday 25 May 2009.

DATED at WELLINGTON this 7th day of April 2009

______________
B M Holmes
Deputy Secretary