Pitcaithly v McCarthy Enterprises Limited [2009] NZLLA 52 (21 January 2009)

New Zealand Liquor Licensing Authority

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Pitcaithly v McCarthy Enterprises Limited [2009] NZLLA 52 (21 January 2009)

Last Updated: 25 January 2010

Decision No. 52/2009

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 069/OFF/06/2008
issued to McCARTHY
ENTERPRISES LIMITED in
respect of premises situated at 5
Malcolm Street, Dunedin, known
as “Super Liquor Dunedin”

BETWEEN WAYNE DAVID PITCAITHLY
(Police Officer of Dunedin)

Applicant

AND McCARTHY ENTERPRISES
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 W D Pitcaithly, Dunedin Police, for suspension of an off-licence in respect of a bottle store known as “Super Liquor Dunedin”.

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 Dunedin District Licensing Agency conducted a joint-agency controlled purchase operation on Thursday 4 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 4.43 pm the volunteer entered “Super Liquor Dunedin” and selected a four-pack of “Archers” RTDs. She approached the duty manager, Anton Kreft at the counter. He asked for identification but the volunteer said she did not have any with her and Mr Kreft completed the sale.

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

They have 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:

Off-licence number 069/OFF/06/2008, issued to McCarthy Enterprises Limited, is suspended for 24 hours from 9.00 am on Thursday 12 February 2009.

DATED at WELLINGTON this 21st day of January 2009

______________
B M Holmes
Deputy Secretary