Moore, re [2003] NZLLA 440 (23 June 2003)

Last Updated: 8 April 2010

Decision No. PH 440/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by REX JUSTIN MOORE 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

HEARING at AUCKLAND on 6 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 Rex Justin Moore for the renewal of his General Manager’s Certificate. The criteria to be considered by this Authority in such an application are contained in s.126 of the Act. These criteria are:

(a) The character and reputation of the applicant;

(b) Any convictions recorded against the applicant since the certificate was issued or last renewed;
(c) The manner in which the manager has managed the sale and supply of liquor pursuant to the licence, with the aim of contributing to the reduction of liquor abuse; and

(d) Any matters dealt with in any report made under s.124 of this Act.

[2] When he completed his application form on 14 August 2001, Mr Moore was asked whether he had any convictions since the certificate was last renewed. The certificate was first issued on 1 September 1994. He answered “No”. It so happens that since his certificate was last renewed he has had two convictions.
[3] Firstly, on 17 November 1998 he was convicted of driving with an excessive breath alcohol content. The level on that occasion was 921 micrograms of alcohol per litre of breath. It will be noted not only is this twice the allowable limit, but that he has a previous conviction for similar offending, albeit in 1992. There was also a conviction for failing to comply with an enforcement officer’s prohibition. This resulted in a conviction and a fine of $250 on 13 June 2000.
[4] Mr Moore when interviewed by the Inspector, said that he had forgotten about the 1998 drink/driving conviction. He has not appeared today to support that forgetfulness, and it has been stated in the past that the Authority is inclined to take a severe view of the failure by any applicant to accurately report convictions.
[5] Not only are the convictions of some concern, but the evidence we have received shows that when the application was filed a warrant for Mr Moore’s arrest was current. This was for outstanding fines said to be in the sum of $2,925. We have now been advised that these fines have been increased to $7,590.
[6] Mr Moore told the Inspector that he had had some serious family health problems with one of his children. He is not clear whether Mr Moore is currently working as the manager of the “Thirsty Rooster”, but in any event he has failed to appear to support his application.
[7] In the light of the outstanding warrant for the fines, and the undisclosed convictions, we have no option other than to refuse the application.
[8] The application for renewal of Mr Moore’s General Manager’s Certificate is accordingly refused.

DATED at WELLINGTON this 23rd day of June 2003

B M Holmes
Deputy Secretary

rjmoore.doc(aw)