Sargent v Ratima [2009] NZLLA 856 (10 August 2009)

New Zealand Liquor Licensing Authority

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

---

Sargent v Ratima [2009] NZLLA 856 (10 August 2009)

Last Updated: 3 February 2010

Decision No. 856/2009

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 046/GEN/0079/08 issued
to ROSEMARY ANN RANAPIA-
RATIMA

BETWEEN STEPHEN DENNIS SARGENT
(Police Officer of Porirua)

Applicant

AND ROSEMARY ANN RANAPIA-
RATIMA

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Dr J Horn

DECISION

We have before us an application by Senior Sergeant S D Sargent, Porirua Police, for suspension of a General Manager’s Certificate. Ms Ranapia-Ratima is employed at Porirua premises known as “Two Tears Sports Bar & Café”.

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

More particularly it is alleged that on Friday 24 April 2009, a controlled purchase operation was undertaken in the Porirua area. Pursuant to s.162(5) of the Act, at the request of Police, two male volunteers aged 15 and 16, entered licensed premises and attempted to purchase liquor.

The volunteers arrived at “Two Tears Sports Bar & Café” at approximately 7.30 pm. They found that there were no door staff working, and went inside. There were very few customers inside, and the bartender and duty manager were playing pool. The bartender stopped playing and approached the volunteers. They asked for two “Heineken” beers, and she requested identification. When the volunteers advised that they did not have any, she completed the sale, while standing in front of a sign stating “No ID, No Sale, No Exceptions”.

Rosemary Ranapia-Ratima was the duty manager. She did not intervene in the sale at any time, and was called away to a meeting while the volunteers were still in the bar area.

In total, 22 on and off-licensed premises were visited during the course of the operation. One off-licence sold to the volunteers, and “Two Tears Sports Bar & Cafe” was the only on-licensed premises that did so.

Senior Sergeant Sargent 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:

General Manager’s Certificate number 046/GEN/0079/08, issued to Rosemary Ann Ranapia-Ratima, is suspended for three weeks from Monday 7 September to Monday 28 September 2009.

DATED at WELLINGTON this 10TH Day of August 2009

______________
B M Holmes
Deputy Secretary