Mackay, re [2002] NZLLA 554 (8 October 2002)

Last Updated: 2 October 2010

Decision No. PH 554/2002

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by MATTHEW JOHN MACKAY 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 AUCKLAND on 30 September 2002

APPEARANCES

No appearance by or on behalf of applicant
Mrs P M Cudby – North Shore District Licensing Agency Inspector – in opposition
Constable A B Cruickshank – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Matthew John Mackay for a General Manager's Certificate.

[2] Mr Mackay has completed a course on the Sale of Liquor Act, and has received a certificate of competency issued by Hospitality Management Consultants. He has been interviewed by an Inspector, and has displayed a suitable knowledge of the Act, and his obligations and responsibilities under the Act.

[3] Mr Mackay has been employed at the Club 170 since its inception in January 2000. At this stage the Authority is unaware as to whether Mr Mackay is still employed at the premises.

[4] One of the reasons for the Authority's lack of knowledge on the subject, is Mr McKay's absence from the hearing.

[5] It is up to any applicant to come before the Authority to support an application and, in particular, to answer any questions which may arise during the course of the hearing.

[6] The issue before us today is a number of previous convictions incurred by Mr Mackay since 1989.

[7] Mr Mackay has no less than 42 previous convictions. Two of those convictions are for driving with an excessive breath or blood alcohol content. One of the convictions was incurred in 1989, and the second in 1995. In addition, Mr Mackay has numerous convictions for fraud, and for using a document for pecuniary advantage. In 1990 he was convicted for aggravated robbery and sentenced to supervision for two years.

[8] In more recent times, Mr Mackay was sentenced to imprisonment for six months on 2 April 1997 for possession of cannabis for supply and for receiving. On 24 October 1997, Mr Mackay was sentenced to imprisonment for four years for wounding with intent to cause grievous bodily harm. Since he was released from imprisonment, he has incurred one further conviction. This was on 25 August 2000. Mr Mackay was fined $150 for offensive behaviour.

[9] In the light of those circumstances, we are prepared to accept the submissions of the Police. Although the convictions are historical, they are of a serious nature, and they indicate that the applicant could be described as a violent, recidivist offender.

[10] The Police were also concerned that at the time when Mr Mackay made his application, he said that the convictions would be attached to the application. Requests have been made for him to supply a list of the convictions, but there has been no response. Whether that displays a form of dishonesty is in question.

[11] We repeat what we have earlier stated. It is up to Mr Mackay to appear before the Authority, to satisfy it that he has changed his ways, and is a person whom the Authority can be confident will obey the law, and the conditions of any licence.

[12] Mr Mackay has not appeared. In those circumstances, we do not accept that he would be a suitable person, or a fit and proper person to hold a General Manager's Certificate.

[13] The application is accordingly refused.

DATED at WELLINGTON this 8th day of October 2002

Judge E W Unwin J C Crookston
Chairman Member

mjmackay.doc (nr)