Wallace, re [2001] NZLLA 499 (23 November 2001)

Last Updated: 9 July 2010

Decision No. PH 499/2001

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of JOANNE MARGARET WALLACE pursuant to s.118 of the Act for a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Deputy Chairman: District Court Judge J P Gatley
Member: Mr J C Crookston

HEARING at PUKEKOHE on 16 November 2001

APPEARANCES

Mrs J M Wallace – applicant – in person
Mr T Long – Franklin District Licensing Agency Inspector – in opposition
Sergeant R Hutton – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] An application by Mrs J M Wallace (nee Hagenson) for a General Manager’s Certificate is opposed in reports from a District Licensing Inspector and from the Police.
[2] Police opposition is based on the fact that after applying for the certificate the applicant was convicted on 13 June 2000 of driving with excess blood alcohol content, with a blood alcohol level of 93 milligrams of alcohol per millilitre of blood.
[3] In addition to having regard to the blood alcohol conviction the Inspector opposes the grant of the application because the applicant has been unable to satisfactorily answer questions testing the knowledge of applicants as to the responsibilities of a person holding a General Manager’s Certificate. At the hearing similar questions were put to Mrs Wallace by Mr Long. Again the applicant was unable to give satisfactory answers.
[4] After having regard to Mrs Wallace’s blood alcohol conviction last year, and our assessment of her suitability to hold a General Manager’s Certificate when she appeared before us, our conclusion is that the application should be refused. A General Manager’s Certificate allows the holder to be in sole charge of licensed premises. After having regard to the criteria set out at s.121 of the Act we are not persuaded that the applicant should be entrusted with that responsibility.

DATED at WELLINGTON this 23rd day of November 2001

W Newall
Deputy Secretary
Liquor Licensing Authority hagenson.doc(aw)