Walker v McNeilage [2003] NZLLA 769 (10 October 2003)

Last Updated: 23 January 2012

Decision No. PH 769/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 050/GM/0352/02 issued to JAN INGRID McNEILAGE

BETWEEN TREVOR WALKER
(Police Officer of Nelson)

Applicant

AND JAN INGRID McNEILAGE

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr J C Crookston

HEARING at NELSON on 1 October 2003

APPEARANCES

Sergeant T Walker – NZ Police – applicant
Ms J I McNeilage – respondent
Mrs A Ward-Hamilton – Nelson District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] The object of the Sale of Liquor Act 1989 is to establish a reasonable system of control over the sale and supply of liquor to the public, with the aim of contributing to the reduction of liquor abuse so far as that can be achieved by legislative means.

[2] Section 4 subsection 2 of the Act requires the Authority, every District Licensing Agency, and any Court hearing any appeal against the decision of the Authority, to exercise it’s jurisdiction, powers and discretions under the Act, in a manner that is most likely to promote the object of the Act.

[3] Against that background, the Police have brought an application for the suspension of a General Manager’s Certificate issued to Jan Ingrid McNeilage. The ground for the application is that the conduct of the manager has been such as to show that she is not a suitable person to hold the certificate.

[4] The evidence disclosed to the Authority shows that at about 4.15 on the morning of 15 January 2003, Ms McNeilage was the driver of a motor vehicle. She was stopped for no apparent driving fault. As a result of an evidential breath test, a positive result of 462 micrograms of alcohol per litre of breath was obtained. Her explanation at the time was that she was to be the sober driver for her friends. Ms McNeilage was dealt with in the Nelson District Court on 4 February 2003, and was convicted, fined, and disqualified. The records show that this was an isolated offence.

[5] Ms McNeilage has given evidence before us and set out the reasons for her offending. She had been taken out by friends. She had not taken into account that she had eaten very little. Consequently, she made the mistake of electing to drive. The background for her offending in this way was compelling. We are satisfied after hearing from her and one of her friends, that Ms McNeilage does not have a problem with liquor, and is well able to set an example to her patrons, and ensure their safety.

[6] In other words we have been sufficiently satisfied by the evidence to make an exception to the norm in her case. It will be noted that the General Manager’s Certificate was due for renewal yesterday. It is also noted that it has been some months since Ms McNeilage worked at licensed premises. That opportunity is now available to her as confirmed by a reference from “Castaways Bar and Grill”.

[7] Ms McNeilage is part of the educative programme aimed at encouraging all managers to exercise self discipline, and set examples to their patrons. In all the circumstances we have decided that the General Manager’s Certificate will be suspended for three weeks from today.

[8] An order is made accordingly.

DATED at WELLINGTON this 10th day of October 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

McNeilage.doc(afw)