Fitzsimons v Sprig & Fern Hardy Street Limited and others [2009] NZLLA 808 (28 July 2009)

New Zealand Liquor Licensing Authority

[Index] [Search] [Download] [Help]

---

Fitzsimons v Sprig & Fern Hardy Street Limited and others [2009] NZLLA 808 (28 July 2009)

Last Updated: 2 February 2010

Decision No. 808/2009 – 815/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications pursuant to s.132 of the Act for suspension of on-licence number 050/ON/240/08 issued to SPRIG & FERN HARDY STREET LIMITED in respect of premises situated at 280 Hardy Street, Nelson, known as "Sprig & Fern Tavern Hardy Street"; and on-licence number 050/ON/234/08 issued to ROYAL HOLDINGS LIMITED in respect of premises situated at 152 Bridge Street, Nelson, known as "Royal Hotel"; and on-licence number 050/ON/176/06 issued to LIQUID LIMITED in respect of premises situated at 75 Bridge Street, Nelson, known as "Liquid"; and off-licence number 050/OFF/58/2004 issued to VICTORY NELSON LIMITED in respect of premises situated at 148 Toi Toi Street, Nelson, known as "Victory Four Square"

AND

IN THE MATTER of applications pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 050/GM/1178/09 issued to CHRISTOPHER ALLAN HEDWIG; and General Manager’s Certificate number 050/GM/1054/08 issued to ROCHELLE LEAH COOK; and General Manager’s Certificate number 050/GM/0741/06 issued to CRAIG JOHN LINES; and General Manager’s Certificate number 050/GM/0790/06 issued to DAVID BHUPENDRA RANCHHOD

BETWEEN MICHAEL PATRICK FITZSIMONS

(Police Officer of Nelson)

Applicant

AND SPRIG & FERN HARDY STREET LIMITED

ROYAL HOLDINGS LIMITED

LIQUID LIMITED

VICTORY NELSON LIMITED

First respondents

AND CHRISTOPHER ALLAN HEDWIG

ROCHELLE LEAH COOK

CRAIG JOHN LINES

DAVID BHUPENDRA RANCHHOD

Second respondents

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us applications by Sergeant M P Fitzsimons of Nelson Police for suspension of three on-licences, one off-licence and four General Managers’ Certificates following a controlled purchase operation conducted in the Nelson licensing district.

The grounds for the applications are that the licensed premises have been conducted in breach of s.155 of the Act; i.e. sale of liquor to a person under the age of 18 years, and that each of the managers has failed to conduct the licensed premises in a proper manner.

More particularly it is alleged that on Friday 8 December 2006 a controlled purchase operation took place to monitor compliance with the provisions of the Act and of the conditions of the licences.

Volunteers aged 15 and 16 years were requested by the Police, pursuant to s.162(5) of the Act, to enter licensed premises and try to purchase liquor. The premises identified in these applications failed the test. No challenge was made in respect of the ages of any of the volunteers, nor was there any request for identification.

We note that two of the premises, namely “Liquid” and “Victory Four Square” failed similar tests in December 2006 and January 2009 respectively. Given the short time-lapse between the two operations concerning the latter business, the Police are of the view that a strong message needs to be sent to the licensee, and has recommended a correspondingly longer term of suspension. We concur with that view.

The respondents do not dispute the grounds for the applications and they accept that suspension of the licences and certificates will be the likely outcome of any hearing before the Authority. Accordingly Sergeant Fitzsimons has discussed the matters with the respondents and has suggested that imposition of recommended terms of suspension by consent may be possible, without the requirement to appear before the Authority. The respondents are willing to adopt that course of action.

Having considered the recommendations from Sergeant Fitzsimons we deal with the matters on the papers, and we make the following orders:

(a) On-licence number 050/ON/240/08, issued to Sprig & Fern Hardy Street Limited, is suspended for 24 hours from 7.00 am on Thursday 3 September 2009.

(b) On-licence number 050/ON/234/08, issued to Royal Holdings Limited, is suspended for 24 hours from 7.00 am on Thursday 3 September 2009.

(c) On-licence number 050/ON/176/06, issued to Liquid Limited, is suspended for two days from 7.00 am on Wednesday 2 September 2009 until 7.00 am on Friday 4 September 2009.

(d) Off-licence number 050/OFF/58/2004, issued to Victory Nelson Limited, is suspended for two weeks from 7.00 am on Monday 7 September 2009 until 7.00 am on Monday 14 September 2009.

(e) General Manager’s Certificate number 050/GM/1178/09, issued to Christopher Allan Hedwig, is suspended for three weeks from Monday 7 September 2009.

(f) General Manager’s Certificate number 050/GM/1054/08, issued to Rochelle Leah Cook, is suspended for four weeks from Monday 31 August 2009.

(g) General Manager’s Certificate number 050/GM/0741/06, issued to Craig John Lines, is suspended for four weeks from Monday 7 September 2009.

(h) General Manager’s Certificate number 050/GM/0790/06, issued to David Bhupendra Ranchhod, is suspended for four weeks from Monday 7 September 2009.

DATED at WELLINGTON this 28th day of July 2009

______________________
B M Holmes
Deputy Secretary

Sprig & Fern and Ors.doc(ab)