Harris v Grieve [2011] NZLLA 711 (20 July 2011)

Last Updated: 29 August 2011

[2011] NZLLA 711

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 073/LNG/3594/01 issued to STEVEN GRIEVE

BETWEEN ARTHUR JOHN HARRIS

(Police Officer of Invercargill)

AND STEVEN GRIEVE

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole

Member: Dr J Horn

FINAL DECISION

In decision NZLLA PH 45, following a public hearing at Invercargill on 25 January 2011, we adjourned an application by Sergeant A J Harris of Invercargill Police for suspension of a General Manager’s Certificate for six months.

The Police had filed the application on the basis of an unlawful sale to an under-aged person during a controlled purchase operation at “Rugby Park Invercargill” on 10 September 2010.

The sale had been made without authority to do so by a volunteer controlling one of the liquor booths at the venue. Mr Grieve was the duty manager, and although he was unaware at the time that the sale had been made, his was the ultimate responsibility for the control of liquor sales.

However, we accepted that he was not negligent, rather the victim of unforeseen circumstances. The Police had nevertheless established that there was a case to answer. We elected to adjourn for six months any decision as to whether it would be appropriate for an order to be made, anticipating a supplementary report from the Police at the end of that time.

Sergeant Harris has advised our Secretary that no further matters of concern have arisen. He makes the point that Mr Grieve is a good manager who was let down on the occasion in question. Accordingly, in terms of s.135(6) of the Act we make no order.

DATED at WELLINGTON this 20th day of July 2011

M Langworthy
Deputy Secretary Steven Grieve2.doc(ab)