Clearwater and Yates v J C Williams Limited and Williams [2009] NZLLA 61 (22 January 2009)

New Zealand Liquor Licensing Authority

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Clearwater and Yates v J C Williams Limited and Williams [2009] NZLLA 61 (22 January 2009)

Last Updated: 26 January 2010

Decision No. 61/2009 - 62/2009

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
033/OFF/74/2003 issued to
J C WILLIAMS LIMITED in
respect of premises situated at 44
Queen Street, Waitara, known as
“Waitara New World Supermarket”

AND

IN THE MATTER of an application pursuant to s.135
of the Act for suspension of
General Manager’s Certificate
number GM 200/90 issued to
JACQUELINE WENDY
WILLIAMS

BETWEEN MURRAY ERIC CLEARWATER
(New Plymouth District Licensing
Agency Inspector)

AND KERRYANNE YATES
(Police Officer of New Plymouth)

Applicants

AND J C WILLIAMS LIMITED

First respondent

AND JACQUELINE WENDY
WILLIAMS

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 Mr M E Clearwater, New Plymouth District Licensing Agency Inspector, and Constable K Yates, New Plymouth Police, for suspension of an off-licence in respect of Taranaki premises known as “Waitara New World Supermarket”, and for suspension of a General Manager’s Certificate issued to Jacqueline Williams.

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 Taranaki. 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.

One of the volunteers entered “Waitara New World Supermarket” at approximately 7.50 pm. He selected a 12-pack of “Tui” beer and approached staff member Cheryl Morgan at the checkout. Ms Morgan completed the transaction without asking the volunteer for identification or other proof of age.

Ms Morgan is not the holder of a General Manager’s Certificate and is to be dealt with through the District Court. Jacqueline Williams 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) Off-licence number 033/OFF/74/2003, issued to J C Williams Limited, is suspended for 72 hours from 7.00 am on Monday 2 March 2009 to 7.00 am on Thursday 5 March 2009.

(b) General Manager’s Certificate number GM 200/90, issued to Jacqueline Wendy Williams, is suspended for 21 days from Monday 2 March 2009.

DATED at WELLINGTON this 22nd day of January 2009

______________
B M Holmes
Deputy Secretary