Hall and Yates v Boiser Fare Limited and Thornton [2009] NZLLA 53 (21 January 2009)

New Zealand Liquor Licensing Authority

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Hall and Yates v Boiser Fare Limited and Thornton [2009] NZLLA 53 (21 January 2009)

Last Updated: 26 January 2010

Decision No. 53/2009 – 54/2009

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
033/ON/189/2005 issued to
BOISER FARE LIMITED in
respect of premises situated at
463-471 Devon Street West, New
Plymouth, known as “Treehouse
Sports Bar and Cafe”

AND

IN THE MATTER of an application pursuant to s.135
of the Act for suspension of
General Manager’s Certificate
number 033/GM/735/2005 issued
to DREW DANIEL THORNTON

BETWEEN TONIA ANNE HALL
(New Plymouth District Licensing
Agency Inspector)

AND KERRYANNE YATES
(Police Officer of New Plymouth)

Applicants

AND BOISER FARE LIMITED

First respondent

AND DREW DANIEL THORNTON

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

The Authority has received joint applications by Ms T A Hall, New Plymouth District Licensing Agency Inspector, and Constable K Yates, New Plymouth Police, for suspension of an on-licence in respect of central New Plymouth premises known as “Treehouse Sports Bar and Cafe”, and for suspension of a General Manager’s Certificate held by Drew Thornton.

The grounds of the applications are that the licensed premises have been conducted in breach of s.155 of the Act, by the sale or supply of liquor to a minor, and that the manager has failed to conduct the licensed premises in a proper manner.

More particularly it is alleged that on Saturday 22 November 2008, a controlled purchase operation was undertaken in New Plymouth. Pursuant to s.162(5) of the Act, at the request of Police two 16 year old volunteers entered licensed premises and attempted to purchase liquor.

The volunteers entered “Treehouse Sports Bar and Cafe” at approximately 10.45 pm. They approached the bar and asked staff member Shaun Hitchcock for two “Heineken” beers. Mr Hitchcock completed the sale without asking the volunteers for identification or other proof of age.

Mr Hitchcock is not the holder of a General Manager’s Certificate and is to be dealt with through the District Court. Drew Thornton was the manager on duty at the time that the breach occurred.

The respondents have admitted that the sale occurred and acknowledge that suspension of the licence and manager’s certificate is 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 applicants we make the following orders:

(a) On-licence number 033/ON/189/2005, issued to Boiser Fare Limited, is suspended for 24 hours from 7.00 am on Saturday 7 February 2009.

(b) General Manager’s Certificate number 033/GM/735/2005, issued to Drew Daniel Thornton, is suspended for three weeks from Monday 1 March 2009.

DATED at WELLINGTON this 21st day of January 2009

______________
B M Holmes
Deputy Secretary