Buisson [2003] NZLLA 755 (6 October 2003)

Last Updated: 22 January 2012

Decision No. PH 755/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by MELINDA GLORIA BUISSON 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 HAMILTON on 25 September 2003

APPEARANCES

Miss M G Buisson - applicant
Mr T van der Heijden – Hamilton District Licensing Agency Inspector – to assist
Sergeant P A Bell – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Melinda Gloria Buisson for a General Manager’s Certificate. Miss Buisson fulfils the majority of the criteria which are set out in s.121 of the Act, and to which this Authority must have regard in considering such an application.

[2] Miss Buisson has attended an Outward Bound course in the South Island, and in November 2002 she obtained employment at the “Crossroads Sports Café”. In May 2003, Miss Buisson applied to be the holder of a General Manager’s Certificate. The application was fully supported by the ownership of the “Crossroads Sport Café”. They said that Miss Buisson interacted well with her co-workers as well as the patrons. It was said that she had good skills, and there was no hesitation in recommending her for the certificate.

[3] Mr Hughes has seen fit to appear before the hearing today to support the application. In addition, Miss Buisson has completed a course of training with Liquor Licensing Bureau Limited.

[4] The Police quite properly have brought to our attention the fact that Miss Buisson has one conviction for driving with an excess breath alcohol content. On 9 March 2002, Miss Buisson was stopped for speeding. A breath test revealed a level of 493 micrograms of alcohol per litre of breath. Miss Buisson was 18 at the time.

[5] Miss Buisson has given evidence and stated that she made a big mistake. Prior to the time of the incident, she had little direction in her life. She was on the benefit, and did not know what she wanted from life. She said that her break first occurred when she was placed on the Outward Bound course. Over the last 10 months she has been working at the “Crossroads Sports Café” learned all aspects of the running of the bar and café.

[6] We understand that she has been appointed from time to time as a temporary manager, and therefore, the only issue is the question of the conviction. The Police quite properly have expressed concerns about the incidents of drink driving on roads. The Authority is rather more concerned about the issue of liquor abuse. The reading was moderate. On the other hand Miss Buisson was quite young.

[7] The District Licensing Agency Inspector has noted that it has been some time since the application has been able to be dealt with by the Authority. Nevertheless it is an incident involving liquor abuse. The normal rule of thumb as suggested by the decision of G L Osborne LLA 2388/95, is a two year stand down period to enable Miss Buisson to show that she has developed the necessary maturity following the set back, to get on with her life.

[8] In those circumstances we believe it is appropriate to adjourn the proceedings for a further six months. This will mean that a period of two years will have elapsed since the offending. This will give Miss Buisson an opportunity to continue with her employment, and be appointed from time to time as a temporary manager, and thereby gain further experience.

[9] If there are no other reported incidents at the end of six months, then we propose to grant the application on the papers. If there are such incidents, then the matter would have to come back before a public hearing.

[10] The application is adjourned for six months in the anticipation that it will be granted after that time.

DATED at WELLINGTON this 6th day of October 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

M Buisson.doc(afw)