Rei v Starters Bar Limited and Turoa [2009] NZLLA 611 (17 June 2009)

New Zealand Liquor Licensing Authority

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Rei v Starters Bar Limited and Turoa [2009] NZLLA 611 (17 June 2009)

Last Updated: 31 January 2010

Decision No.611/2009-612/2009

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
069/ON/84/2008 issued to
STARTERS BAR LIMITED in
respect of premises situated at
155 Frederick Street, Dunedin,
known as “Starters Bar”

AND

IN THE MATTER of an application pursuant to s.135
of the Act for suspension of
General Manager’s Certificate
number GM/069/122/2008 issued
to ADAM FRANCIS TUROA

BETWEEN HEATHER MARGARET REI
(Police Officer of Dunedin)

Applicant

AND STARTERS BAR LIMITED

First respondent

AND ADAM FRANCIS TUROA

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Deputy Chairman: District Court Judge D J R Holderness
Member: Dr J Horn

DECISION

The Authority has received applications by Constable H M Rei, Dunedin Police, for suspension of an on-licence in respect of Dunedin premises known as “Starters Bar”, and for suspension of a General Manager’s Certificate issued to Adam Francis Turoa. Mr Turoa is also a director of the licensee company, Starters Bar Limited.

The grounds of the applications are that the licensed premises have been conducted in breach of the following provisions of the Act:
Section 155 – Sale or supply of liquor to minors
Section 164 – Permitting minors to be in restricted areas or supervised areas
and that the manager has failed to conduct the licensed premises in a proper manner.

More particularly it is alleged that on Friday 24 April 2009, a controlled purchase operation was undertaken in Dunedin. Pursuant to s.162(5) of the Act, at the request of Police, two 16 year old female volunteers entered licensed premises and attempted to purchase liquor.

The volunteers entered “Starters Bar” at approximately 5.45 pm. They approached the bar together, and one of them requested a “Smirnoff Ice” RTD and a raspberry flavoured “Vault” vodka RTD from bartender Alice Smillie. Miss Smillie sold the drinks to the girls, without requesting identification or other proof of age.

Duty manager Adam Turoa was in another part of the premises when the sale occurred and was unaware that the minors had entered or made a purchase.

The respondents have admitted that the breach 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, without the requirement to appear before the Authority at a public hearing.

Accordingly, having considered the recommendations from the applicant we make the following orders:

(a) On-licence number 069/ON/84/2008, issued to Starters Bar Limited, is suspended for 24 hours from 7.00 am on Friday 19 June 2009.

(b) General Manager’s Certificate number GM/069/122/2008, issued to Adam Francis Turoa, is suspended for two weeks from Monday 27 July 2009.

DATED at WELLINGTON this 17th day of June 2009

______________
K Thompson
Secretary