Bottle store to appeal 'extraordinary' ban

Super Liquor Andersons Bay. Photo by Peter McIntosh.
Super Liquor Andersons Bay. Photo by Peter McIntosh.

The owner of a Dunedin bottle store is to appeal after the outlet was slapped with the city's longest off-licence suspension of 21 days.

The Super Liquor Andersons Bay ban was confirmed by the Alcohol Regulatory and Licensing Authority in a reserved decision made public yesterday.

It followed a controlled purchase operation last October during which two 16-year-old volunteers without identification were able to buy a four-pack of RTDs without being challenged.

It was the second time in two years the store had been caught out by a controlled purchase operation.

It was the fifth breach since 2007 for McCarthy Enterprises Ltd, the company which owns the store and two others in Dunedin.

Dunedin City Council licensing inspector Tony Mole, who attended the operation and subsequent hearing, said it was easily the city's longest suspension and would send ''a hell of a message'' to the industry.

''We've only had about three or four days' [suspension] ... 21 days is extraordinary.''

However, company director Patricia McCarthy told the Otago Daily Times yesterday the decision was ''wrong'' and would be appealed, possibly as soon as today.

Her staff were ''trained to the gunnels'' about the need to check identification, and the lengthy suspension would have a ''major'' impact on business.

''We don't take our responsibilities lightly. Outside of human error, what else can we do?''

She felt the company was being made an example of, and was upset the ruling had been released without warning.

That meant her store was still open yesterday morning, until she was alerted to the suspension, which began yesterday.

The decision followed a hearing on July 13, during which the company's lawyer suggested a head injury suffered by duty manager Bonnie Totorewa might have contributed to the lapse.

Ms Totorewa, aged 19 and six months' pregnant at the time, was said to have struck her head on the storeroom's garage door before serving the volunteers while ''very light-headed, dizzy and confused''.

She was later said to have been driven to Dunedin Hospital, although no evidence of this was available, the decision said.

Police alcohol harm reduction officer Sergeant Ian Paulin told the hearing the injury was a graze and not ''significant''.

Mrs McCarthy disputed that yesterday, telling the ODT evidence of the hospital visit had been given to police, and Ms Totorewa still had a scar from the ''significant bump''.

Addressing last month's hearing, Mrs McCarthy outlined the company's attempts to abide by legislation including staff training, regular refreshers and ''zero tolerance'' for breaches.

The store's tills also prompted staff to check identification before every purchase, although that could be overridden at the press of a button, she said.

Despite that, the authority's ruling found the systems in place were ''a little simplistic''.

Her company had, after an earlier breach in 2012, been warned it would face ''cumulative'' sanctions for any ''unresolved systemic problems'' if further breaches occurred.

Yesterday's ruling meant the store's off-licence was suspended until August 31, while Ms Totorewa had her manager's certificate suspended for one month.

chris.morris@odt.co.nz

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