Hatfull, re [2002] NZLLA 377 (30 July 2002)

Last Updated: 3 April 2010

Decision No. PH 377/2002

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by MATTHEW DOUGLAS HATFULL pursuant to s.118 of the Act for a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at WHANGAREI on 11 July 2002

APPEARANCES

No appearance by or on behalf of the applicant
Mr G Couchman – Whangarei District Licensing Agency Inspector – in opposition
Constable T D Bull – New Zealand Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Matthew Douglas Hatfull for a General Manager's Certificate. Mr Hatfull is just 21 years of age. He has completed training under a Sale of Liquor Act seminar organised by Mr D B Boesser. In the application he described himself as an acting manager at the Planet Earth Bar. We have received advice that the renewal of that bar's licence is to be opposed by the Police because of difficulties associated with that bar. We were also advised in a report from the Inspector that a s.132 application for the bar was being considered. It follows that any experience gained at that bar is likely to be less than effective.

[2] However, the main hurdle which is faced by Mr Hatfull, are two convictions for driving with an excessive breath and blood alcohol content. Mr Hatfull was convicted on 24 May 1999 for driving with an excessive blood alcohol content. He was under 20 at the time. Just under a year later, on 6 March 2000, he was convicted of driving with an excessive breath alcohol content. The level on that occasion was 855 micrograms of alcohol per litre of breath. Two convictions within the space of just under 12 months would represent a pattern of offending, about which this Authority would have some concern.

[3] Added to the concern is the fact that Mr Hatfull has not seen fit to be present at the hearing. We take the view that not only has he lost interest in his application, but we would have little confidence that at his age and with that record, he would be responsible enough to ensure that the Sale of Liquor Act and the conditions of the licence were complied with.

[4] In the circumstances the application will be refused.

DATED at WELLINGTON this 30th day of July 2002

Judge E W Unwin Mr J C Crookston
Chairman Member