Two Fairy Meadow liquor store workers whose actions allowed alcohol to end up in the hands of a minor have both escaped criminal convictions.
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Wollongong Local Court magistrate Alison Viney yesterday released Fairy Meadow BWS employee Nicholas Jason Field, 25, and store licensee David Claydon, 46, on separate good behaviour bonds after the pair admitted their momentary lapses of judgment allowed the incident to occur on September 8 last year.
The court heard Claydon was outside having a cigarette and Field in the store speaking on the phone when the under-age person approached the counter with two bottles of Sol beer.
Defying company policy, which directs employees not to take phone calls when serving customers, Field continued with the call while the young person dropped the cash on the counter and walked out of the shop.
The incident was observed by an off-duty police officer who knew the young person was under age.
Field was charged with supplying liquor to a minor on a licensed premises and Claydon charged with allowing liquor to be sold to a minor as a licensee.
Advocating on behalf of the men yesterday, barrister Jane Healey said they both deeply regretted the incident.
She said BWS had strict policies surrounding the checking of identification to ensure alcohol was not sold to minors, and the company had not received a single conviction for such an offence in any of its 1300 stores Australia-wide in the past five years.
However, the system was still subject to human fallibility, as was the case at Fairy Meadow, she said.
"No system is perfect, it's because of human error this arose," Ms Healey said.
"In hindsight he [Field] wishes he'd terminated the call and dealt with the customer."
Ms Healey told the court recording criminal convictions against both men could be devastating for them - for Field in his future with the company and for Claydon as a licensee.
She said Field was a hard-working young man whose employment at the store was helping him pay his way through university, while Claydon was an owner who ensured all his staff were properly trained in Responsible Service of Alcohol.
Magistrate Viney accepted Ms Healey's submission that both the BWS group and the individual Fairy Meadow store were usually vigilant in upholding liquor laws.
She agreed to let both men go on the condition they enter into good behaviour bonds - Field for two years and Claydon for 12 months.