Sharrock [2011] NZLLA 163 (9 March 2011)

Last Updated: 25 March 2011

[2011] NZLLA PH 163

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by MIKYLA CHASE SHARROCK pursuant to s.118 of the Act for a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Mr P M McHaffie

HEARING at WELLINGTON on 24 February 2011

APPEARANCES

Ms M C Sharrock – applicant
Senior Sergeant S D Sargent – NZ Police – in opposition

DECISION OF THE AUTHORITY

[1] This decision relates to an application by Ms Sharrock for a General Manager's Certificate. The application was opposed by the Police because on 6 August 2010, whilst Ms Sharrock was acting as a duty manager liquor was sold from licensed premises to a minor during a controlled purchase operation.

[2] Normally this would involve an applicant for a General Manager's Certificate having to wait for between six and 12 months before any General Manager's Certificate was issued.

[3] In this case, however, Ms Sharrock let her General Manager's Certificate lapse after the incident. If she had retained her General Manager's Certificate she could have expected a suspension of approximately four weeks.

[4] In these circumstances she has effectively served a suspension by allowing the General Manager's Certificate to lapse.

[5] Accordingly the Authority has concluded that this is an appropriate case to grant the application which is granted accordingly.

[6] Incidentally, Ms Sharrock told the Authority that at the time the failed controlled purchase operation occurred, although she was the duty manager, she was out at the back of the premises cashing up. She was undertaking this activity acting on instructions from the licensee.

[7] Section 115 of the Act requires a duty manager to be on duty at all times when liquor is being sold or supplied to the public on any licensed premises. The duty manager is responsible for compliance with and enforcement of the provisions of the Act and licence and the conduct of the premises with the aim of contributing to the reduction of liquor abuse. It is not possible for a duty manager to comply with the duties imposed on him or her under s.115 of the Act if he or she is out at the back cashing up.

[8] Section 115(4) places an obligation on the licensee to take all reasonable steps to enable the duty manager to comply with the section. Thus, in the circumstances of this case, the licensee should not have instructed the duty manager to cash up when the duty manager was required to be supervising the sale and supply of liquor on the licensed premises.

DATED at WELLINGTON this 9TH day of March 2011

B M Holmes
Secretary

Mikyla Sharrock.doc(aw)