Ellicot, re [2003] NZLLA 244 (16 April 2003)

New Zealand Liquor Licensing Authority

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

---

Ellicot, re [2003] NZLLA 244 (16 April 2003)

Last Updated: 5 March 2010

Decision No. PH 244/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by PETER ALAN ELLICOT 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 WANGANUI on 2 April 2003

APPEARANCES

Mr P A Ellicot – applicant
Mr J D Bonner - Wanganui District Licensing Agency Inspector – to assist
Sergeant P Wood - NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Peter Alan Ellicot for a General Manager’s Certificate. There are five criteria to which this Authority must have regard in considering such an application. 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; and
• [e] Any matters dealt with in any report made under s.119.
  

[2] The application was filed a year ago. At that time, Mr Ellicot was 21 years of age, and he had a conviction which resulted in an adverse report from the Police. Accordingly the matter was set down for a public hearing.

[3] At the hearing Mr Ellicot has produced references from a customer, from his employer, and from the general manager of his previous place of employment. All three made comment about to his trustworthiness, his loyalty, and his ability within the industry.

[4] In terms of experience, Mr Ellicot has been working in the industry for approximately two and a half years. He was working at the “Fuel Shed” at the time of the application, but that business has since closed. He will have been working at the “Bank Bar” for one year this June, and in that time he has taken over some managerial responsibilities. We have heard from Ms Sugden who is the manager of the “Bank Bar”. She has described Mr Ellicot as reliable and mature, and very good with customers. When he filed his application Mr Ellicot produced a certificate that he had completed a course of training in the Sale of Liquor Act.

[5] The sole concern of the reporting agencies is a conviction recorded on 25 May 2000, in respect of offending on 29 January 2000. Mr Ellicot was convicted of driving with an excessive breath alcohol content under the age of 20 years. The level was 400 micrograms of alcohol per litre of breath.

[6] When questioned about this matter Mr Ellicot indicated that he prefers to work serving liquor rather than drinking it. As a consequence of the conviction he has gained a respect for liquor which he believes helps him in his current employment.

[7] Having heard from him, we have no doubt that he will be an asset to the hospitality industry. This is corroborated by the presence today of the manager of the “Bank Bar”. To some extent this application had been overtaken by time, as the conviction occurred three years ago. We believe that it can be treated as an isolated event.

[8] In those circumstances bearing in mind that any manager’s certificate is for one probationary year when initially granted, we have little hesitation in granting the application.

[9] The application is accordingly granted.

DATED at WELLINGTON this 16th day of April 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Ellicot.doc(afw)