Home
| Databases
| WorldLII
| Search
| Feedback
New Zealand Liquor Licensing Authority |
Last Updated: 15 February 2012
Decision No. PH 1257/2000
IN THE MATTER of the Sale of Liquor Act 1989
AND
IN THE MATTER of an application by DAVID JOSEPH NIU pursuant to s.118 of the Act for a Club Manager’s Certificate
BEFORE THE LIQUOR LICENSING AUTHORITY
Quorum:
Mr R J S Munro
Mr J W Thompson
HEARING at WELLINGTON on 27 October 2000
APPEARANCES
Mr D J Niu – applicant
Sergeant S R Pye – NZ Police – in
opposition
Mrs D Robertson – Porirua District Licensing Agency
Inspector – in opposition
DECISION
“Driving fine – long time ago 1989-90?”.
“The applicant has four convictions. The first two are for an incident on 17 September 1987. The applicant was convicted for wilful damage and assault on Police on 21 October 1987 ...
The third conviction is for driving with excess breath alcohol on 3 September 1998. The blood alcohol level recorded was 98 mls/litre of blood (c.f. the legal limit of 80 mls/litre of blood) with the conviction being gained on 20 November 1998.
The latest offence is for breach of Community Service that arose from failing to complete Community Service for the 1998 conviction for excess blood alcohol. The conviction was gained on 2 May 2000.
...
As the applicant has gained two convictions during the last two years, has chosen to breach an order imposed by the Court, has only been conviction free during the past five months and failed to declare his convictions Police request that the applicant’s suitability be considered ... “.
Conclusion
“(a) The character and reputation of the
applicant:
(b) Any convictions recorded against the
applicant:
(c) Any experience, in particular recent experience, that the applicant has had in managing any premises in respect of which a licence was in force:
(d) Any relevant training, in particular recent training, that the applicant has undertaken and any relevant qualifications that the applicant holds:
(e) Any matters dealt with in any report made under section 119:
(f) Where the applicant intends to be the manager of a particular club, the extent of the applicant’s involvement in the management and activities of the club”.
“a finding should not be infinite ... I would not want it to be said that because this Court has said he is a person unsuitable to carry on a licence that that should permanently be regarded as the situation ... In the event of him making an application for a new licence under the Act he will, of course, have to face the fact that this finding exists, but it will be for the tribunal considering any such application to consider whether on that occasion and at that time he is a suitable person to hold a licence”.
Similar considerations apply to applications for General and Club Manager’s Certificates.
DATED at WELLINGTON this day of 2000
R J S Munro J W Thompson
Member Member
Niu.doc(nl)
NZLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.nzlii.org/nz/cases/NZLLA/2000/1257.html