McGrath v Waitara Superliquor [2012] NZLLA 51 (26 January 2012)

Last Updated: 10 February 2012

[2012] NZLLA 51

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 or cancellation of off-licence 033/OFF/96/2005 issued to NORTHLAND HOTEL MANAGEMENT LIMITED in respect of premises situated at 3 McLean Street, Waitara known as “Waitara Superliquor”

BETWEEN CHERYL MCGRATH

(Police Officer of New Plymouth)

Applicant

AND NORTHLAND HOTEL MANAGEMENT LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Dr J Horn
Ms J D Moorhead

FINAL DECISION

In decision [2010] NZLLA PH 1440, following a public hearing at New Plymouth on 19 November 2010 we adjourned an application by Constable C McGrath of New Plymouth Police for suspension or cancellation of an off-licence held by Northland Hotel Management Limited.

The application had been brought following the licensee having failed the test in a controlled purchase operation on Friday 10 September 2010 at which time a sale of liquor had been made to an underage volunteer in breach of the provisions of s.155 of the Act.

The respondent had previously failed a similar test in April 2010 that culminated in an order for suspension of the off-licence for 48 hours.

Following the second failure the respondent undertook to implement measures to prevent any further breaches, including enlisting the guidance of the (former) Hospitality Association of New Zealand with a view to a comprehensive training regime for staff to ensure that no further lapses in procedure would occur. The respondent also arranged to liaise closely with the local community constable who would attend monthly staff meetings.

In the circumstances we elected not to make an order immediately, but to adjourn the application for 12 months to give the licensee an opportunity to implement the proposed management strategies and to test their efficacy over a predetermined period.

We indicated that if those strategies proved successful the Authority may decide that an order for suspension may no longer be desirable or necessary.

The Police have advised our Secretary that there have been no breaches of the provisions of the Act in the intervening period and, in accordance with s.132(6) of the Act, we make no order.

DATED at WELLINGTON this 26th day of January 2012

B M Holmes
Secretary

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