Lovatt v Rosie O'Grady's Hastings Limited [2009] NZLLA 356 (7 April 2009)

New Zealand Liquor Licensing Authority

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Lovatt v Rosie O'Grady's Hastings Limited [2009] NZLLA 356 (7 April 2009)

Last Updated: 27 March 2010

Decision No. 356/2009 – 357/2009

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/004/2004
issued to ROSIE O’GRADY’S
HASTINGS LIMITED in respect of
premises situated at 201 Karamu
Road North, Hastings, known as
“Rosie O’Grady’s”

AND

IN THE MATTER of an application pursuant to s.135
of the Act for suspension of
General Manager’s Certificate
number 029/GM/065/2008 issued
to STEVEN JOSEPH GARTNER

BETWEEN JOHN HENRY LOVATT
(Hastings District Licensing
Agency Inspector)

Applicant

AND ROSIE O’GRADY’S HASTINGS
LIMITED

First respondent

AND STEVEN JOSEPH GARTNER

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 Hastings premises known as “Rosie O’Grady’s”, and for suspension of a General Manager’s Certificate issued to Steven Joseph Gartner.

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 made on the ground that Mr Gartner has failed to conduct the 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 “Rosie O’Grady’s” at approximately 9.15 pm. She went to the bar and requested a bottle of beer from Steven Gartner, the duty manager. Mr Gartner sold the drink to the volunteer without requesting identification or other proof of age.

When Police approached Mr Gartner later, he stated that he had believed the volunteer to be around 19 years of age. He further stated that he usually asks customers for identification if they look under 25 but on this occasion he did not.

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/004/2004, issued to Rosie O’Grady’s Hastings Limited, is suspended for 24 hours from 7.00 am on Thursday 21 May 2009.

(b) General Manager’s Certificate number 029/GM/065/2008, issued to Steven Joseph Gartner, is suspended for four weeks from Monday 25 May 2009.

DATED at WELLINGTON this 7th day of April 2009

______________
B M Holmes
Deputy Secretary