Williams v Marton Hotel Holdings Limited and Granjas [2009] NZLLA 670 (3 July 2009)

New Zealand Liquor Licensing Authority

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Williams v Marton Hotel Holdings Limited and Granjas [2009] NZLLA 670 (3 July 2009)

Last Updated: 31 January 2010

Decision No. 670/2009 – 671/2009

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 037/OFF/3/97
issued to MARTON HOTEL
HOLDINGS LIMITED in respect of
premises situated at the corner of
Hammond Street and Broadway,
Marton, known as “Marton Hotel”

AND

IN THE MATTER of an application pursuant to s.135
of the Act for suspension of
General Manager’s Certificate
number GM3940/2007 issued to
DRAGAN GRANJAS

BETWEEN KARL WILLIAMS
(Police Officer of Marton)

Applicant

AND MARTON HOTEL HOLDINGS
LIMITED

First respondent

AND DRAGAN GRANJAS

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Deputy Chairman: District Court Judge D J R Holderness
Member: Mr P M McHaffie

DECISION

The Authority has received applications by Constable K Williams, Marton Police, for suspension of an off-licence in respect of premises known as “Marton Hotel”, and for suspension of a General Manager’s Certificate issued to Dragan Granjas. Mr Granjas is also the director and a shareholder of the company that holds the licence for the premises.

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 Friday 16 January 2009, a controlled purchase operation was undertaken in the Rangitikei district. Pursuant to s.162(5) of the Act, at the request of Police, a 17 year old female volunteer entered licensed premises and attempted to purchase liquor.

The volunteer entered the “Marton Hotel” bottle store at approximately 5.55 pm. She selected a four-pack of “KGB” vodka RTDs and approached the counter. The female staff member did not ask the volunteer for identification or other proof of age, and completed the sale.

Police entered the premises and spoke with the salesperson. She was disappointed in her actions and advised Police that the store had a policy about identification, and that she had recently obtained a General Manager’s Certificate herself.

In the decision of Nolas Wines and Spirits Limited LLA PH 816-817/06, we commented on the problem of youth access to alcohol, saying:

“Among the education methods employed by the agencies has been the controlled purchase operation. By using this method, the agencies have, for the first time, been able to check to see whether off-licences were playing their part in reducing liquor abuse. All licensees should be well aware of the concerns about under-age access to liquor, and the impact of such access on the community, and the efforts being made to address the problem.”

The respondents have admitted that the breach occurred and acknowledge that periods of suspension of the off-licence and General Manager’s Certificate are appropriate. Mr Granjas also accepted a shortened period of renewal of his manager’s certificate, however as the renewal is not due at this time, the agreement may be referred to the Authority when the next application is filed.

The respondents 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) Off-licence number 037/OFF/3/97, issued to Marton Hotel Holdings Limited, is suspended for 24 hours from 7.00 am on Friday 14 August 2009.

(b) General Manager’s Certificate number GM3940/2007, issued to Dragan Granjas, is suspended for four weeks from Monday 10 August 2009.

DATED at WELLINGTON this 3rd of July 2009

______________
B M Holmes
Deputy Secretary