Woodhouse [2003] NZLLA 967 (16 December 2003)

Last Updated: 26 January 2012

Decision No. PH 967/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by GILLIAN ANNA WOODHOUSE 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 AUCKLAND on 10 December 2003

APPEARANCES

No appearance by or on behalf of applicant
Mr C G Taylor - Waitakere District Licensing Agency Inspector - to assist
Senior Constable J P Loye - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Gillian Anna Woodhouse pursuant to s.118 of the Act. The application is opposed by the Police. The criteria to which we must have regard is pursuant to s.121 of the Act namely:

(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.

[2] Ms Woodhouse has one conviction on 14 January 2002 for driving with excess breath alcohol. The level of alcohol on her breath was 641 micrograms per litre of breath.

[3] Ms Woodhouse has completed a course of training with Taskforce Training in units 4646 and 16705. At the time of the application she was an employee at “King Dick’s” off-licence in New Lynn. The Inspector said that she had been working there for three months.

[4] In Graham Leslie Osborne LLA 2388/95 the Authority said, that in cases of an isolated breath or blood alcohol conviction we frequently indicate a minimum period of two years from the date of the conviction may result in subsequent and favourable consideration, providing there are no adverse reports from the Inspector or the Police. However, more recently this Authority has said that we now regard that period to run from the date of offending rather than the date of conviction.

[5] Ms Woodhouse has not appeared today to support her application, and it appears that she is no longer employed at “King Dick’s”. We are also unable to determine if she is still employed in the industry, and if so, the extent of any recent experience she may have. By her absence we can only conclude that Ms Woodhouse does not wish to pursue her application.

[6] In all the circumstances the application is refused.

DATED at WELLINGTON this 16th day of December 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Gillian Woodhouse.doc(afw)