Joseph, re [2003] NZLLA 246 (16 April 2003)

New Zealand Liquor Licensing Authority

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

---

Joseph, re [2003] NZLLA 246 (16 April 2003)

Last Updated: 5 March 2010

Decision No. PH 246/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by MARIUS RODNEY JOSEPH 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

No appearance by or on behalf of applicant
Mr J D Bonner - Wanganui District Licensing Agency Inspector – in opposition
Sergeant P Wood - NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Marius Rodney Joseph for a General Manager’s Certificate. The application was accompanied by a Certificate of Achievement from Brett Jones and Associates Limited confirming that Mr Joseph had completed the requirements of units 4646 and 16705. At the time of the application Mr Joseph was working at the "Fuel Shed". He produced references confirming his ability and attitude in respect of the hospitality industry.

[2] Mr Joseph confirmed that he had previous convictions, and said that a full report would be enclosed with the application, but he gave no details at all of the convictions.

[3] He was interviewed by the District Licensing Agency Inspector. He displayed a poor knowledge of the Sale of Liquor Act 1989, and he also acknowledged that his offending had resulted from a problem he had with alcohol. He stated that he had admitted himself to the Hanmer Alcoholic Rehabilitation Centre, and that he had subsequently attended Alcoholics Anonymous, and had apparently given up drinking.

[4] The previous convictions were produced by the Police. Although they could be described as historical, there were no less than four convictions for assault, the last of which was in 1994. There were also four convictions involving the use or abuse of alcohol. These commenced in 1977, and the last convictions which were both for refusing a blood specimen were in 1997 and 1998. In respect of the last conviction Mr Joseph was imprisoned for two months. Finally on 15 April 1998, Mr Joseph was sentenced to 90 hours community service for the possession of cannabis oil.

[5] The number of convictions and the pattern of offending automatically raise concerns as to Mr Joseph’s suitability. He has not appeared today to answer those concerns. Furthermore we have been advised that not only is he no longer working at the “Fuel Shed”, but the “Fuel Shed" itself is not operating.

[6] The inference we therefore draw is that Mr Joseph is no longer interested in pursuing his application. As a consequence of his non appearance we have no hesitation in refusing the application, taking into account the provisions of s.121 of the Act.

[7] The application is refused.

DATED at WELLINGTON this 16th day of April 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Joseph.doc(afw)