Evans and Bonner v Laird Holdings Limited and Halligan [2009] NZLLA 849 (7 August 2009)

New Zealand Liquor Licensing Authority

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Evans and Bonner v Laird Holdings Limited and Halligan [2009] NZLLA 849 (7 August 2009)

Last Updated: 2 February 2010

Decision No.849/2009-850/2009

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
036/ON/3/2009 issued to LAIRD
HOLDINGS LIMITED in respect
of premises situated at 75 Guyton
Street, Wanganui, known as
“Spirit’d”

AND

IN THE MATTER of an application pursuant to
s.135 of the Act for suspension of
General Manager’s Certificate
number 036/GM/24/2009 issued
to SHANNON DAVID HALLIGAN

BETWEEN DAMON GARETH EVANS
(Police Officer of Wanganui)

AND JAMES DOUGLAS BONNER
(Wanganui District Licensing
Agency Inspector)

Applicants

AND LAIRD HOLDINGS LIMITED

First respondent

AND SHANNON DAVID HALLIGAN

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us joint applications by Sergeant D G Evans, Wanganui Police, and Mr J D Bonner, Wanganui District Licensing Agency Inspector, for suspension of an on-licence in respect of Wanganui premises known as “Spirit’d”, and for suspension of a General Manager’s Certificate issued to Shannon Halligan.

The grounds of the applications are that the licensed premises have been conducted in breach of s.155 of the Act, that is, by the sale of liquor to a person under the age of 18 years, and that the manager has failed to conduct the licensed premises in a proper manner.

More particularly it is alleged that on Thursday 18 June 2009, a controlled purchase operation was undertaken in Wanganui. Pursuant to s.162(5) of the Act, at the request of Police, two female volunteers aged 16 and 17, entered licensed premises and attempted to purchase liquor.

The volunteers entered “Spirit’d” at approximately 7.45 pm. They approached the bar and requested two “Jim Beam and Cola” RTDs from bartender Shannon Halligan. Mr Halligan served the drinks to the volunteers, without asking for identification or other proof of age.

When spoken to by Police, Mr Halligan admitted the facts, and stated that he had believed the volunteers to be 19 years old. The application in respect of his certificate says that any suspension “will impact on his employment and he acknowledges the seriousness of his negligence”.

We are also advised that “Spirit’d” is a relatively new establishment, and that company director Alastair Gillam has had “ongoing communication with the Police to have the establishment operating with the Police to reduce the risk of alcohol related harm within Wanganui”.

The respondents have indicated willingness to accept recommended terms of suspension of the licence and manager’s certificate, to be imposed by the Authority without the requirement to appear before us at a public hearing.

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

(a) On-licence number 036/ON/3/2009 issued to Laird Holdings Limited, was suspended for 24 hours, from 8.00 am on Thursday 2 July to 8.00 am on Friday 3 July 2009.

(b) General Manager’s Certificate number 036/GM/24/2009 issued to Shannon David Halligan, is suspended for four weeks, from Monday 31 August 2009.

DATED at WELLINGTON this 7th day of August 2009

B M Holmes

Deputy Secretary