Blincoe, re [2003] NZLLA 438 (23 June 2003)

New Zealand Liquor Licensing Authority

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

---

Blincoe, re [2003] NZLLA 438 (23 June 2003)

Last Updated: 8 April 2010

Decision No. PH 438/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by GRAHAM JOSAYA BLINCOE 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 9 June 2003

APPEARANCES

No appearance by or on behalf of applicant
Mr C G Taylor – Waitakere City District Licensing Agency Inspector – to assist
Senior Constable J P Loye – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Graham Josaya Blincoe for a General Manager’s Certificate. The Authority is governed by the criteria listed in s.121 of the Act. Included in the criteria are convictions recorded against an applicant.
[2] When he filed his application back in March 2001, Mr Blincoe indicated that he had been convicted of an offence, and wrote: “Disorderly/discharged 2000”. What he had written was partially correct. The evidence shows that on 18 January 2001 Mr Blincoe was convicted of four offences. These were common assault, disorderly behaviour, failure to answer bail and wilful trespass. However, it is also noted that on all four charges Mr Blincoe was convicted and discharged.
[3] It may well be that in the light of the penalties imposed the Authority might have been prepared to consider the application further. After all, Mr Blincoe had completed a course of instruction in the Sale of Liquor Act, conducted by Tachelle Consulting Services. Furthermore, he displayed a reasonable knowledge of the Sale of Liquor Act, and at the time of the application was employed at licensed premises known as “Lincoln Green”.
[4] The Authority has received information that Mr Blincoe is no longer employed at that establishment. Furthermore, he has failed to appear today to support his application. The Authority therefore draws the inference that he is no longer interested in pursuing it, and accordingly it is refused.

DATED at WELLINGTON this 23rd day of June 2003

B M Holmes
Deputy Secretary gjblincoe.doc(aw)