Pay v Chatto Creek Tavern [2012] NZLLA 851 (27 July 2012)

Last Updated: 22 August 2012

[2012] NZLLA 851-852

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 067/ON010/8/2011 issued to LESLEY SHONA MIDDLEMASS in respect of premises situated at Omakau-Chatto Creek Road, Chatto Creek, known as "Chatto Creek Tavern"

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM 1447/2000 issued to LESLEY SHONA MIDDLEMASS

BETWEEN GORDON BRETT PAY

(Police Officer of Alexandra)

Applicant

AND LESLEY SHONA MIDDLEMASS

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Ms J D Moorhead

DECISION

We have before us applications by Senior Constable G B Pay of Alexandra Police dated 22 May 2012, for suspension of an on-licence and a General Manager’s Certificate following a controlled purchase operation conducted on Friday 13 April 2012.

The grounds for the applications are: that the 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 licensed premises in a proper manner.

The respondent does not dispute the grounds for the applications and she has agreed to suspension of the on-licence and her manager’s certificate. However, the licensee sought to have the on-licence suspended on Monday and Tuesday and the term of the suspension to take place from 1 December 2012.

The Authority notes this is not the first time that this business has failed the test in a controlled purchase operation (see decision NZLLA 1141/2008). Senior Constable Pay recommended that a Friday be included in the order for suspension.

It is common wisdom that any term of suspension of a licence will include the day of the week upon which the unlawful sale of liquor occurred unless there is compelling evidence to persuade the Authority to do otherwise. We do not consider that there are any mitigating circumstances in this instance.

Additionally, the licensee’s request that the suspension of her General Manager’s Certificate be held in abeyance for more than four months until December is not acceptable to the Authority. Accordingly, we make the following orders by consent:

(a) On-licence number 067/ON010/8/2011, issued to Lesley Shona Middlemass, is suspended for 48 hours from 8.30 am on Thursday 2 August 2012.

(b) General Manager’s Certificate number GM 1447/2000, issued to Lesley Shona Middlemass, is suspended for four weeks from 1 September 2012.

DATED at WELLINGTON this 27th day of July 2012

B M Holmes
Secretary

Chatto Creek Tavern & Shona Middlemass.doc(ab)