McFelin [2003] NZLLA 105 (28 February 2003)

Last Updated: 9 July 2010

Decision No. PH 105/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by RICHARD WARREN McFELIN 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

DECISION

The applicant is the holder of a General Manager’s Certificate GM 226/99 and has applied to the Waimakariri District Licensing Agency pursuant to s.123 of the Act, for renewal of that certificate.

In their reports on the application, the Police and District Licensing Agency Inspector refer to the applicant’s conviction on 21 March 2001 for driving with an excess breath alcohol level. The District Licensing Agency Inspector recommends the renewal of the certificate for a further one year only, rather than three.

A District Licensing Agency may only grant an unopposed application for renewal of a manager’s certificate for a term of three years. Accordingly, the present application has been forwarded to the Authority for determination.

The application has since indicated that he agrees to the renewal of the certificate for one year only. In the circumstances outlined, we accept the District Licensing Agency Inspector’s recommendation that the applicant’s certificate be renewed for a lesser period. The application is granted and we renew the certificate to 9 February 2004 that being an anniversary of its original grant.

DATED at WELLINGTON this 28th day of February 2003

__________________________
B M Holmes
Deputy Secretary

McFelin.doc(afw)