Burr v Trust House Limited [2009] NZLLA 465 (1 May 2009)

New Zealand Liquor Licensing Authority

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Burr v Trust House Limited [2009] NZLLA 465 (1 May 2009)

Last Updated: 25 April 2010

Decision No. 465/2009 – 466/2009

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 044/OFF/102/2002 issued to TRUST HOUSE LIMITED in respect of premises situated at Johnston Street, Featherston, known as "Featherston Community Supermarket"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 044/GM/389/2007 issued to JILLIAN EMILY SEXTON

BETWEEN WARWICK JOHN BURR

(Police Officer of Masterton)

Applicant

AND TRUST HOUSE LIMITED

First respondent

AND JILLIAN EMILY SEXTON

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us applications by Senior Sergeant W J Burr of Masterton Police for suspension of an off-licence held by Trust House Limited in respect of premises situated at Johnston Street, Featherston, known as “Featherston Community Supermarket”, and for suspension of a General Manager’s Certificate held by Jillian Emily Sexton.

The grounds for the applications are that the premises have been conducted in breach of the provisions of s.155 of the Act: i.e. sale of liquor to a person under the age of 18 years; and that the manager has failed to conduct the licensed premises in a proper manner.

On Friday 31 October 2008 the Police, District Licensing Agency and District Health Board staff undertook a controlled purchase operation. The purpose was to monitor compliance with the provisions of the Act and the conditions of licences in the South Wairarapa licensing district. Two female volunteer, aged 16 years and 17 years were instructed to enter licensed premises and attempt to purchase liquor. In the “Featherston Community Supermarket” the older volunteer, at the time aged 17 years and four months, selected a bottle of wine and took it to the counter.

The sales person asked the volunteer for identification and was handed the volunteer’s drivers licence, which showed her correct age. The sales person did not check the details in the licence, and the sale was completed.

The second respondent was the duty manager at the time although she was working at another cash register. Additionally the name of the duty manager displayed in the premises was not the name of the manager for the time being on duty.

The respondents do not dispute the grounds for the applications and acknowledge that suspension of the off-licence and manager’s certificate is appropriate. They have accepted Sergeant Burr’s invitation to have periods of suspension imposed by the Authority, by consent, without the requirement to attend a public hearing.

Having considered the recommendations from the applicant we deal with the matters on the papers, and we make the following orders:

(a) Off-licence number 044/OFF/102/2002, issued to Trust House Limited, is suspended for five days from 7.00 am on Monday 4 May 2009.

(b) General Manager’s Certificate number 044/GM/389/2007, issued to Jillian Emily Sexton, is suspended for 15 days from Monday 4 May 2009.

DATED at WELLINGTON this 1st day of May 2009

______________________
B M Holmes
Deputy Secretary

Featherston Community Supermarket & Sexton.doc(ab)