Lawyer for Micmat, Andrew Braggins, argued that his client met the requirements to enforce the safe sale of alcohol at the store. <\/p>\n
Adequate signage reminding that alcohol would not be sold to minors was in the shop and managers were frequently trained on the applicable regulations, he told the court. <\/p>\n
\u201cThose are not the hallmarks of a business that is lackadaisical when it comes to a compliance culture.\u201d<\/p>\n
Since Sims\u2019 death, the business had introduced further measures, including secret shoppers who visit the store weekly to ensure staff are checking IDs and not selling to minors, he said. <\/p>\n
The Matakana Liquor Centre has had its licence cancelled for selling alcohol to minors on three occasions in July 19, 2025.<\/p>\n
In its 18 years of operation, no complaints were made against the store for the irresponsible sale of alcohol.<\/p>\n
He argued the cancellation was \u201coverly punitive\u201d and took into account the harm caused, rather than focusing on what happened on the premises. <\/p>\n
Braggins said the cancellation of Micmat\u2019s licence, while other involved parties were handed suspensions, was unfair. <\/p>\n
He cited other ARLA cases where traders were allowed to show they made improvements, saying that opportunity was not given to Micmat.<\/p>\n
In some of the cases mentioned, businesses sold to minors on multiple occasions over a prolonged period. <\/p>\n
\u201cThe conclusion is that Micmat is so terrible, is irredeemable and can\u2019t be allowed to clean its house.\u201d <\/p>\n
Police lawyer Elena Mok told the court that three different duty managers selling alcohol to the boys that afternoon reflected a culture of complacency regarding the rules. <\/p>\n
The duty managers were aware of needing to check for ID if customers appeared under 25 years old but did not do so, she said. <\/p>\n
The events of the afternoon and evening of Sims\u2019 death provided a snapshot of how the premises were operating, she said. <\/p>\n
Silas Sims, 16, was killed when his car hit a power pole in July last year.<\/p>\n
The alcohol being sold by different staff members was indicative of a systems issue rather than a one-off mistake by a manager. <\/p>\n
Mok said the implementation of further safety policies after the incident showed the licensee could have taken further actions beforehand. <\/p>\n
Reminders to check IDs by co-owner John Walsh made to staff were \u201cad hoc\u201d and done on an irregular basis, she submitted. <\/p>\n
Braggins disputed the characterisation of training as ad hoc, saying it was provided during monthly meetings. <\/p>\n
Although the other cases mentioned involved several instances of selling to minors over time, none displayed the systemic issues the ARLA found for Micmat, Mok said. <\/p>\n
The outcome was serious but it was not out of proportion with the nature and circumstances of Micmat\u2019s breaches, she said. <\/p>\n
Justice James Alexander MacGillivray reserved his decision. <\/p>\n
Day-drinking in Matakana<\/p>\n