Membery v Daymond [2009] NZLLA 816 (29 July 2009)

New Zealand Liquor Licensing Authority

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Membery v Daymond [2009] NZLLA 816 (29 July 2009)

Last Updated: 2 February 2010

Decision No. 816/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to
s.135 of the Act for suspension or
cancellation of General Manager’s
Certificate number
GM/023/1973/2008 issued to
WAYNE ANDREW DAYMOND

BETWEEN MICHAEL JAMES MEMBERY
(Police Officer of Rotorua)

Applicant

AND WAYNE ANDREW DAYMOND

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr P M McHaffie

DECISION

We have before us an application by Sergeant M J Membery, Rotorua Police, for suspension or cancellation of a General Manager’s Certificate issued to Wayne Andrew Daymond.

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

More particularly it is alleged that on Thursday 11 June 2009, a controlled purchase operation was undertaken in Rotorua. Pursuant to s.162(5) of the Act, at the request of Police, a 15 year old male volunteer entered licensed premises and attempted to purchase liquor. In total, Police volunteers visited 16 off-licensed premises, of which 14 declined to sell liquor to the minors.

The volunteer entered “Maida Vale Wholesale Liquor” at approximately 5.05 pm. He selected a four-pack of “Bacardi Breezer” rum RTDs and went to the counter. The salesperson, later identified as duty manager Wayne Daymond, did not ask the volunteer for identification or other proof of age, and completed the sale.

Police entered the store approximately an hour later, and Mr Daymond had finished work. They returned the next day and advised him that he had sold liquor to a minor. Mr Daymond explained that he had been busy and had a lapse in concentration.

He has been charged with selling liquor to a minor and will appear in the District Court at a later date.

In the decision of Nolas Wines and Spirits 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.”

Sergeant Membery has 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 applicant, we will deal the matter on the papers. We now make the following order:

(a) General Manager’s Certificate number GM/023/1973/2008, issued to Wayne Andrew Daymond, is suspended for three weeks from Monday 17 August 2009.

DATED at WELLINGTON this 29th day of July 2009

______________
B M Holmes
Deputy Secretary