Bradley, re [2003] NZLLA 47 (12 February 2003)

Last Updated: 17 February 2010

Decision No. PH 47/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by EMILY RACHEL BRADLEY 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 WELLINGTON on 25 January 2003

APPEARANCES

Miss E R Bradley – applicant in person

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Emily Rachel Bradley for a General Manager’s Certificate.

[2] The criteria to which this Authority must give regard 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 section 119.

[3] Miss Bradley fulfils all the criteria except for a conviction. She has produced references from her current employment, and her previous employment. She has been working at the Waterfront Brassiere at Raumati Beach for some 16 months. Over the last few months she has been trained as a manager, and she has carried out certain management responsibilities as a catering manager. She has completed a course of training with D A Richards & Associates.

[3] The issue is a conviction for driving after drinking. Miss Bradley was convicted on 26 April 2002 in the Porirua District Court. At that time her level was 526 micrograms of alcohol per litre of breath. The Authority has said from time to time that offences involving the issue of abuse of alcohol can be an impediment to the granting of a manager’s certificate. Such a conviction brings into focus the need for managers to maintain high standards because of the responsibility which is reposed in them by Parliament.

[4] In this case the Police formally objected to the application. To some extent time has overtaken the matter, and they have now withdrawn their objection.

[5] Miss Bradley confirmed that she wants to put the mistake behind her. She has a full-time job which she enjoys. In the circumstances, because of the recency of the conviction we have decided to adjourn the application for nine months. That period of time will represent a period of 18 months from the date of the conviction. At the end of nine months, if there have been no other incidents of this nature, then we would propose to grant the application on the papers. If there are further difficulties or incidents, the matter will have to be brought back before us. We are confident therefore, that in nine months time a manager’s certificate can be issued.

DATED at WELLINGTON this 12th day of February 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

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