Judge criticised over teenage liquor case

The country's alcohol watchdog has criticised a judge's decision to throw out a charge of selling liquor to a minor because he looked 22 rather than his actual age of 16.

James Sommerville, 19, pleaded guilty in the Palmerston North District Court to selling alcohol to a 16-year-old boy at the Mill during a police sting on March 24.

It is against the law to sell alcohol to anyone under the age of 18.

The Alcohol Advisory Council's deputy CEO Sandra Kirby said the decision by Judge Barry Morris was disappointing.

"It's very sad really. The premises acknowledged they had broken the law and the employee had pleaded guilty and he gets discharged without conviction," she said.

"No matter what he looked like, he was still only 16 and he should not be able to purchase alcohol.

"There are no exemptions from the law for those young people who look older than 18."

She said the council wasn't asking for much, just for the law to be enforced.

Judge Morris had rejected lawyer Mark Alderdice's request that his client be convicted and discharged.

However, after looking at a photograph of the 16-year-old sting operation volunteer, Judge Morris changed his mind, saying the volunteer looked 22.

Judge Morris then discharged Sommerville without conviction.

The court was told the 16-year-old bought a four-bottle pack of Jim Beam and Cola without being asked for identification by Sommerville, who lost his job as a result of the sale.

The sting targeted three bottle stores and five bars in Palmerston North, all of which sold alcohol to the 16-year-old.

In a similar case in 2004, eight out of nine liquor outlets on Waiheke Island sold alcohol to a teenage girl in a sting operation.

But Judge Edward Unwin decided that because the 17-year-old gave an "Academy Award-winning performance" the stores wouldn't have their liquor licences suspended.