Nicol [2003] NZLLA 819 (31 October 2003)

Last Updated: 23 January 2012

Decision No. PH 819/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by DUSTIN MARK NICOL 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 PALMERSTON NORTH on 22 October 2003

APPEARANCES

No appearance by or on behalf of applicant
Mrs C F Fouhy - Tararua District Licensing Agency Inspector - to assist
Constable P E Knight - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Dustin Mark Nicol for a General Manager’s Certificate. The application was deficient when it was filed in that there was no evidence of relevant training or qualifications. The Inspector attempted on a number of occasions to obtain this information from Mr Nicol without success.

[2] At the time of the application, Mr Nicol said that he was employed at the “Club Hotel” in Pahiatua. However, eventually that hotel gave up on him and he no longer has that employment. Mr Nicol has not appeared to support his application which to some extent is not unexpected as there has been such difficulty in finding him. The Police opposed the application based on the evidence of a recent conviction on 27 June 2002.

[3] On that day Mr Nicol was convicted in the District Court at Palmerston North of entering with intent. He was ordered to pay $1,000 in reparation and to come up for sentence if called upon within six months. He had one historic conviction for burglary.

[4] However the Police had evidence that Mr Nicol had been more recently implicated in the theft of stock although no charges have yet been laid. It is quite clear in our view that Mr Nicol no longer has any interest in pursuing his application which has on the face of it, little merit.

[5] In the circumstances the application will be refused.

DATED at WELLINGTON this 31st day of October 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Nicol.doc(afw)