The inability to calculate a minor’s correct age and having poor vision are some of the reasons given by people that sold alcohol to minors in Auckland.
These incidents took place in east Auckland this month during a joint Controlled Purchase Operation (CPO) between Auckland Council's Alcohol Licensing Unit, police from across Tāmaki Makaurau and the Auckland Regional Public Health Service.
A CPO is conducted at licensed premises to test compliance, with laws against selling alcohol to minors, under the Sale and Supply of Alcohol Act 2012.
“One seller said she should have worn her glasses and another said that she couldn’t work out their age,” Auckland Council’s Alcohol Licensing Team Leader Anita Marsh says.
A total of 143 checks have been made at both on-and-off license premises during CPOs across Auckland this year – with 25 breaches of the Act.
Thirty-one per cent of on-licence premises visited failed the test and the minor was able to purchase alcohol.
“It is a privilege, not a right, that licensees and duty managers are granted the ability to sell alcohol,” Auckland Police Alcohol Harm Prevention Unit Senior Sergeant Lisa Woodward says.
“And we expect them, and their staff, to take their responsibilities seriously.
“Asking for ID and then calculating the correct age from that identification are basic requirements for anyone selling alcohol.”
Date of birth charts are available free of charge www.alcohol.org.nz and point of sale age check systems are also available (to help with the calculation), she says.
“Explanations given for sales vary greatly but, if ID is requested, it is often basic maths that lets people down,” Senior Sergeant Woodward says.
The minors used in the operations wear “everyday clothing and carry their real identification”.
“They are not made up to look older than they actually are.”
The council will now refer the matters to the Alcohol Regulatory Licensing Authority (ARLA) where penalties can include temporary closures.
Senior Sergeant Woodward says there are “serious consequences for selling to minors”.
“Penalties for first-time failures are generally between two and seven days suspension of the licence, depending on the type of premises.
“Managers should expect a 28-day suspension of their manager’s certificate for a first offence. If repeated twice or more within a three-year timeframe the licence or certificate will be in jeopardy.”
Last month, the licence of Bottle O, Pt Chevalier, was suspended for seven days as a result of cumulative breaches (sales to minors) within a group of companies. This suspension was completed earlier this month.
The licensee has since made significant changes to their business practices to ensure further breaches do not occur.
Two-day (48 hour) suspensions have been issued for seven of the off-license premises and three of the on-license premises where minors while the remainder of penalties for sales are yet to be determined.
Anita says the results were “not good and needs a lot of improvement”.
“It highlights why operations such as these are important.”
ARLA decisions are available to view at www.nzlii.org
