Court backs use of lies in alcohol sting actions

Police have won a High Court appeal on the way liquor "sting" operations against selling alcohol to minors are carried out.

The appeal was lodged after the Liquor Licensing Authority decided not to suspend the licence of a Taupo bottle store that sold a $9.95 bottle of wine to a 17-year-old during a sting operation.

The underage volunteer went into Scenic Cellars in November as part of a police-controlled purchase operation.

The authority had expressed concern that the volunteer lied about her age, saying "of course" when asked by the bottle store's manager whether she was over 18. The manager replied: "That's good - I don't have to check you for ID".

Delivering judgment in the High Court at Rotorua on Wednesday, Justice Helen Winkelman found the authority made errors in law in its handling of the case.

The court concluded the bottle shop manager was simply faced with "a fair replication" of the situation that staff of alcohol outlets routinely face when young people try to purchase liquor unlawfully.

The Police Commissioner's Office welcomed the decision.

Superintendent Dave Trappitt said the sting operations were an effective tool to monitor compliance with liquor laws.

"Prosecuting licensed premises for selling alcohol to minors sends a strong message not to flout the supply provisions of the Sale of Liquor Act, and it's an important way that police can help prevent alcohol-related harm to young people," he said.

He said the decision reinforced that sting operations were not some kind of artificial entrapment.

The case has now been referred back to the authority for rehearing with a specific recommendation that the authority take into account the "adequacy of the management systems" that the offending store has in place.

A spokeswoman for Scenic Cellars said they had not yet been made aware of the High Court decision and did not wish to comment until they had received a copy of the judgment.

The Alcohol Advisory Council also welcomed the ruling.

"The guidelines around such operations do not amount to entrapment," acting chief executive officer Sandra Kirby said.

"They set out to mimic real life and this has now been endorsed by the High Court ruling. When young people are attempting to buy alcohol illegally they lie about their age.

"This is an everyday situation faced by outlets selling alcohol and put simply they must be vigilant in asking for identification from young people," she said.

"We're relieved that sense and reality has prevailed with this decision."

She said the guidelines were developed by the council in consultation with other agencies and were increasingly used to test compliance with the law. The guidelines say minors used in sting operations may lie about their age.

"It would have been most unrealistic for the youngster, when asked if they were over 18, to have said, 'No, oops, so sorry' and turned and walked out," Ms Kirby said.

"The kids know the law, they're trying to get around it by trying the purchase in the first place and they're not likely to admit they're lying if they're trying it on."

- NZPA