Baker and Major v Jacobs and Williams [2009] NZLLA 85 (4 February 2009)

New Zealand Liquor Licensing Authority

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Baker and Major v Jacobs and Williams [2009] NZLLA 85 (4 February 2009)

Last Updated: 26 January 2010

Decision No. 85/2009 – 88/2009

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 021/GM/9242/2006
issued to TIFFANY ANN
JACOBS

AND

IN THE MATTER of applications pursuant to s.135
of the Act for suspension of
General Manager’s Certificate
number GM 025/26.13.30851
issued to LENA WAEREA
WILLIAMS

BETWEEN AIRDRIE ANNE BAKER
(Police Officer of Whakatane)

AND IAN PAUL MAJOR
(Whakatane District Licensing
Agency Inspector)

Applicants

AND TIFFANY ANN JACOBS

First respondent

AND LENA WAEREA WILLIAMS

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us applications by Constable A A Baker of Whakatane Police, and Mr I P Major, Whakatane District Licensing Agency Inspector, for suspension of General Manager’s Certificates held by Tiffany Jacobs and Lena Williams.

The grounds of the applications are that the managers have failed to conduct the licensed premises in a proper manner, by breaching s.155 of the Act, that is, the sale of liquor to a minor.

More particularly, on Friday 19 September 2008, a controlled purchase operation was undertaken in Whakatane. Pursuant to s.162(5) of the Act, at the request of Police two female volunteers, aged 15 and 16 years, entered licensed premises and attempted to purchase liquor.

Both volunteers entered the “Craic Bar” of the “Whakatane Hotel” at around 10.30 pm. The younger volunteer was able to purchase drinks from barperson Lena Williams without being asked for identification or other proof of age. Tiffany Jacobs was the manager on duty, and was in another part of the building when the sale took place.

The off-licence issued in respect of “Whakatane Hotel” was suspended for two days as a result of the breach (see decisions LLA 1642-1643/2008 and 1806-1807/2008).

The respondents have admitted the facts as stated by the applicants and acknowledge that periods of suspension of their managers’ certificates are appropriate.

They have indicated willingness to accept recommended terms of suspension of the General Manager’s Certificates 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) General Manager’s Certificate number 021/GM/9242/2006, issued to Tiffany Ann Jacobs, is suspended for one month, commencing Monday 2 March 2009.

(b) General Manager’s Certificate number GM 025/26.13.30851, issued to Lena Waerea Williams, is suspended for six weeks, commencing Monday 6 April 2009.

DATED at WELLINGTON this 4th day of February 2009

______________
B M Holmes
Deputy Secretary