Ngatai v Tokomaru [2010] NZLLA 608 (25 May 2010)

Last Updated: 3 June 2010

[2010] NZLLA 608-610

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 club licence number 027/CL/9/2006 issued to TOKOMARU BAY UNITED SPORTS CLUB INCORPORATED in respect of premises situated at Hatearangi Domain, Tokomaru Bay, known as "Tokomaru Bay United Sports Club"

AND

IN THE MATTER of applications pursuant to s.135 of the Act for suspension of Club Manager’s Certificate number 027/CM/38/2006 issued to HARRY GRANT McCLUTCHIE; and Club Manager’s Certificate number CM 241/98 issued to TE ATAKURA FORRESTER

BETWEEN ISAAC HOANI NGATAI

(Police Officer of Gisborne)

Applicant

AND TOKOMARU BAY UNITED SPORTS CLUB INCORPORATED

First respondent

AND HARRY GRANT McCLUTCHIE

TE ATAKURA FORRESTER

Second respondents

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us applications by Sergeant I H Ngatai of Gisborne Police dated 4 May 2010, for suspension of a club licence and two Club Managers’ Certificates, following a controlled purchase operation conducted on 10 April 2010.
The grounds for the applications are: that the licensed premises have been conducted in breach of the provisions of s.155 of the Act – sale of liquor to a person under 18 years of age; and that the manager has failed to conduct the premises in a proper manner.

Liquor was sold to a female volunteer aged 14 years without any request for identification or evidence of age document. The sale was conducted by Mr McClutchie who, although the holder of a manager’s certificate was not the duty manager at the time the sale took place. That function was being carried out by Mr Forrester who was on the premises at the time.

The respondents have agreed to suspension of the club licence and managers’ certificates. Accordingly, we make the following orders by consent:

(a) Club licence number 027/CL/9/2006, issued to Tokomaru United Sports Club Incorporated, is suspended for 24 hours on Saturday 12 June 2010.

(b) Club Manager’s Certificate number 027/CM/38/2006, issued to Harry Grant McClutchie, is suspended for two weeks from Saturday 5 June 2010.

(c) Club Manager’s Certificate number CM 241/98, issued to Te Atakura Forrester, is suspended for two weeks from Saturday 26 June 2010.

DATED at WELLINGTON this 25th day of May 2010

______________________
B M Holmes
Deputy Secretary

Tokomaru Bay United Sports Club.doc(ab)