Sargent v Whas Cooking Ltd [2010] NZLLA 248 (23 March 2010)

Last Updated: 16 April 2010

Decision No.248/2010

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
046/ON/0015/07 issued to
WHATS COOKING LIMITED in
respect of premises situated at
105 Mana Esplanade, Mana,
Porirua, known as “Monteith’s
Brewery Bar - Paremata”

BETWEEN STEPHEN DENNIS SARGENT
(Police Officer of Porirua)

Applicant

AND WHATS COOKING LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

The Authority has received an application dated 22 December 2009 by Senior Sergeant S D Sargent, Porirua Police, for suspension of an on-licence in respect of premises known as “Monteith’s Brewery Bar”.

The ground of the application is that the licensed premises have been conducted in breach of section 155 of the Act, by the sale or supply of liquor to a minor.

More particularly it is alleged that on Saturday 5 December 2009, a controlled purchase operation was undertaken in the Porirua district. Pursuant to s.162(5) of the Act, at the request of Police, a 17 year old female volunteer entered licensed premises and attempted to purchase liquor.

The volunteer entered the “Monteith’s Brewery Bar” at approximately 8.27 pm. She requested a bottle of beer, and handed $20.00 to the bartender. He handed the volunteer her change and the beer. At no time did the bartender question the volunteer’s age or request identification.

When spoken to by Police, the bartender advised that he had believed the volunteer to be with one of the Christmas parties on the premises, and that she was around 19-25 years old. He agreed that the premises’ policy was to request identification from any patrons that appeared to be under 25 years old.

In the decision of Nolas Wines and Spirits Limited 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.”

The respondent has admitted that the breach occurred and acknowledges that a period of suspension of the on-licence is appropriate.

The company has indicated willingness to accept a recommended term of suspension of the licence, without the requirement to appear before the Authority at a public hearing.

Accordingly, having considered the recommendations from the applicant, we make the following order by consent:

On-licence number 046/ON/0015/07, issued to Whats Cooking Limited, is suspended for 24 hours from 9.00 am on Saturday 3 April 2010.

DATED at WELLINGTON this 23RD day of March 2010

______________
B M Holmes
Deputy Secretary