Schofield, re [2002] NZLLA 253 (13 May 2002)

Last Updated: 6 March 2010

Decision No. PH 253/2002

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by TODD EVAN SCHOFIELD pursuant to s.123 of the Act for renewal of a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr J C Crookston

HEARING at AUCKLAND on 1 May 2002

APPEARANCES

No appearance by or on behalf of applicant
Mr A Wilkinson – Manukau District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Todd Evan Schofield for renewal of a General Manager's Certificate pursuant to s.123 of the Act. The criteria to which we must have regard as set out in s.126 of the Act. That section provides:

In considering any application for the renewal of a manager's certificate, the Authority shall have regard to the following matters:

(a) The character and reputation of the applicant;

(b) Any convictions recorded against the applicant since the certificate was issued or last renewed;

(c) The manner in which the manager has managed the sale and supply of liquor pursuant to the licence, with the aim of contributing to the reduction of liquor abuse;
(d) Any matters dealt with in any report made under s.124 of this Act.

[2] Mr Schofield has held a General Manager's Certificate since September 1991. His current certificate expired in September last year. The District Licensing Agency Inspector advised us that Mr Schofield has been involved in the industry for some time. He had a good knowledge of the Act.

[3] There were no convictions recorded against him. However on 14 May 2001 when he was convicted for driving with an excess breath alcohol level of 820 micrograms per litre of breath. He was disqualified from driving for six months. That level is more than double the allowable legal limit.

[4] We take into account Mr Schofield's background and his conviction free history. We accept that this is an isolated incident. Therefore, we are inclined to renew the application for 18 months rather than three years. That will bring Mr Schofield before the Authority again in March 2003 effectively giving 12 months for him to be monitored. It also means that the date of expiry of his certificate will be almost two years from the date of his conviction.

[5] Accordingly the application is granted for 18 months.

DATED at WELLINGTON this 13th day of May 2002

Judge E W Unwin Mr J C Crookston
Chairman Member

Schofield.doc(nl)