Tauhore [2003] NZLLA 826 (31 October 2003)

Last Updated: 23 January 2012

Decision No. PH 826/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by DONNA MAREE TAUHORE 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 21 October 2003

APPEARANCES

No appearance by or on behalf of applicant
Sergeant D Matheson – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Donna Maree Tauhore for a General Manager’s Certificate. The Authority is governed by a number of criteria which must be considered before granting or refusing such an application. These criteria are listed in s.121 of the Act and include any convictions recorded against the applicant.

[2] When Ms Tauhore made her application, she was working as a bar steward at the “Masterton Cosmopolitan Club”. She provided references and she had completed a course of training.

[3] The Police opposed the application on the grounds that on 20 August 2002 that is approximately five months before the application was filed, Ms Tauhore had been convicted of driving with excess blood alcohol. The level on that occasion was 122 milligrams of alcohol per 100 millilitres of blood. Although the level was relatively high the conviction could be regarded as isolated. It may well be that Ms Tauhore could have explained the circumstances of the conviction and given the Authority the benefit of her attitude towards issues such as liquor abuse.

[4] Ms Tauhore has not appeared at the hearing, and a number of messages have been left for her as well as the notice of hearing being sent to her. It may well be that she has moved on. It may also be that she is no longer interested in pursuing her application. That is certainly the inference that the Authority takes from her lack of appearance.

[5] In those circumstances the Authority has little alternative other than to refuse the application.

[6] The application is accordingly refused.

DATED at WELLINGTON this 31st day of October 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Tauhore.doc(afw)