Nilson, re [2003] NZLLA 138 (13 March 2003)

New Zealand Liquor Licensing Authority

[Index] [Search] [Download] [Help]

---

Nilson, re [2003] NZLLA 138 (13 March 2003)

Last Updated: 21 February 2010

Decision No. PH 138/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of application by CHERIE NILSON 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 26 February 2003

APPEARANCES

Cherie Nilson – applicant
Mr G S Whittle, District Licensing Agency Inspector – in opposition
Mr R G Poole, NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] In this case, the Authority is required to determine an application for a General manager’s Certificate. The criteria which must be considered by this Authority are contained in s.121 of the Act. These criteria are:

• [a] the character and reputation of the applicant;
• [b] any convictions recorded against the applicant;
• [c] any experience in particular recent experience that the applicant has had in managing any premises or conveyance in respect of which a licence was in force;
• [d] any relevant training, in particular recent training that the applicant has undertaken and any relevant qualifications that the applicant holds;
• [e] any matters dealt with in any report made under s.119 of the Act.
  

[2] Ms Nilson is just 22 years of age, but has spent much of the last five years in the hospitality industry. She has worked in a variety of licensed premises in Christchurch and in Auckland, and has produced references from the Viaduct Bar and Restaurant in Christchurch. There is also a reference from a Mr Sigley, a director of three licensed premises in Auckland. Mr Sigley stated that Miss Nilson demonstrated a professional attitude, and showed maturity, and acted in a responsible manner at all times, while displaying an incredibly good work ethic.

[3] Ms Nilson has clearly made a commitment to a career working within the hospitality industry. She completed a course of instruction in the Sale of Liquor Act conducted by Swain and Associates in April 2002. Her application was filed with the District Licensing Agency in May 2002. At that time the application drew an adverse report from the Police because of a conviction recorded on 11 July 2001.

[4] The circumstances surrounding the incident are a little unusual. The Authority does not have the full details. It appears from what Ms Nilson has said, that she was sitting as a passenger on a motorbike being driven by another woman. She was helping to control the vehicle when there was an accident. Ms Nilson was quite seriously injured. She spent a week in hospital, and was off work for about eight months. Both she and the driver were charged with driving offences. She pleaded guilty in the Christchurch District Court to a charge of driving with an excessive blood alcohol content, notwithstanding her view that she was not the driver. Her blood alcohol level taken at the hospital was 191 milligrams of alcohol per 100 millilitres of blood.

[5] This is a very high reading and is the cause of some concern to the Authority. On the other hand Ms Nilson gave us the impression that she is well aware of the consequences of liquor abuse having worked in the industry for most of her adult life. Certainly the consequences of liquor abuse have been well and truly brought home to her.

[6] The issue then is the conviction recorded as we have said on 11 July 2001. With such a high level, and in circumstances such as these, we would see no reason to depart from the generally accepted rule of thumb, that any applicant with a conviction of this type, should show that she is able to be incident free for a period of two years. This application has to some extent been overtaken by time. It is the decision of this Authority to adjourn this application for six months. This period of time will mean that it will be over two years from the date of the conviction before any manager’s certificate will be granted.

[7] The basis for the adjournment is to enable Ms Nilson to continue to attain managerial responsibility in the hospitality industry. If there are no other adverse incidents against her, then we shall grant the application on the papers after a period of six months. If there are any such incidents or adverse reports then the matter will come back before a public hearing.

DATED at WELLINGTON this 13th day of March 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Nilsen.doc(afw)