Lawn and Spang v Mallinson [2009] NZLLA 730 (15 July 2009)

Last Updated: 1 February 2010

Decision No. 730/2009 – 731/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications pursuant to
s.135 of the Act for suspension of
General Manager’s Certificate
number GM/060/612/2008 issued
to WILLIAM JOHN MALLINSON

BETWEEN ALASTAIR JOHN LAWN
(Police Officer of Christchurch)

AND PAUL JOHN TYCHO SPANG
(Christchurch District Licensing
Agency Inspector)

Applicants

AND WILLIAM JOHN MALLINSON

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Deputy Chairman: District Court Judge D J R Holderness
Member: Ms J D Moorhead

DECISION

We have before us applications by Sergeant A J Lawn, Christchurch Police, and Mr P J T Spang, Christchurch District Licensing Agency Inspector for suspension of a General Manager’s Certificate. The applications resulted from an attempted breach of section 155 of the Act, that being the sale or supply of liquor to minors.

The ground for the application is that the manager has failed to conduct the licensed premises in a proper manner.

More particularly it is alleged that on Saturday 1 November 2008, television show “Target” sent a 15 year old volunteer into premises known as “On The Spot Express”. The volunteer selected a bottle of wine and went to the counter. The salesperson attempted to complete the transaction, however the Eftpos card provided had insufficient funds to do so. At no time did the salesperson ask the volunteer for identification or other proof of age.

William Mallinson was the manager on duty at the time, although he was not personally involved in serving the volunteer. Mr Mallinson does not dispute the grounds for the applications, and accepts that suspension of his manager’s certificate is appropriate.

The applicants have invited the respondent to consider the option of imposition by the Authority of a term of suspension without the requirement to attend a public hearing. That course of action has been adopted.

Accordingly, having considered the recommendations from the District Licensing Agency Inspector and the Police, we will deal the matter on the papers. We now make the following order:

(a) General Manager’s Certificate number GM/060/612/2008, issued to William John Mallinson, is suspended for two weeks from Sunday 16 August 2009.

DATED at WELLINGTON this 15th day of July 2009

______________
B M Holmes
Deputy Secretary