Walker [2003] NZLLA 999 (19 December 2003)

Last Updated: 27 January 2012

Decision No. PH 999/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by RONDA MAY WALKER pursuant to s.123 of the Act for renewal of a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at WELLINGTON on 17 December 2003

APPEARANCES

Ms R M Walker – applicant
Mrs D M Robertson – Porirua District Licensing Agency Inspector – in opposition
Senior Sergeant S D Sargent – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

This is an application by Ronda May Walker for the renewal of her General Manager's Certificate.

Ms Walker has held a certificate for approximately four years, although she has been in the hospitality industry for up to 20 years. During that time she has worked in a variety of licensed premises. She said that she has seen enough of the consequences of the consumption of liquor during this time, to recognise the signals of over-indulgence. As a consequence, she believes that she rarely drinks.
When Ms Walker made an application to renew her manager’s certificate last September, it was discovered that she had been apprehended for driving after drinking. The case had not been dealt with at the time, but it subsequently came before the District Court in Wellington on 13 November last. On that date Ms Walker was convicted of driving with excessive breath alcohol. She was fined $600 and disqualified for six months. The level of alcohol in her breath was 652 micrograms of alcohol per litre of breath.
The other concern of the reporting agencies was that Ms Walker was interviewed by an Inspector from the Porirua District Licensing Agency. At that time it was established that Ms Walker had not worked in the industry for two years. She had a considerable number of references in respect of her previous employment. She told the Inspectors that she was actively looking for employment, and we understand that this may have been achieved although there appears to be no supporting reference.
Ms Walker has given evidence, and stated that there were personal reasons behind her decision not to work in the industry over the past two years. She believes that she would have no trouble in obtaining employment. She mistakenly thought that when the conviction was recorded and the objection was made to her application, that she could no longer use her certificate. According to her, she then stopped working.
There was no need to go into the personal aspects which caused Ms Walker not to work, and indeed, to overindulge. Suffice to say that she impresses us as a person who knows the industry well. She has had no other issues involving the law at all, and at 38 years of age could be seen to be a law-abiding citizen.
So what impact should this conviction have upon her? Had there been an application brought for the suspension of the General Manager’s Certificate pursuant to s.135 of the Act, it is probable that the Authority would have suspended the manager’s certificate for approximately one month. This would have taken into account the level of alcohol in the breath, and the fact that this must be seen as an isolated event. It would, in our view, be an over-reaction to refuse the renewal application based on this one conviction. On the other hand, there is no evidence of current work in the industry and no employer support.
Ms Walker has advised that she intends to leave the area, and set out for a new life. In that case it seems to us that she should have that opportunity.
We propose to renew the certificate for one year only. This means that it will fall due on 16 September 2004. In a way, this recognises the fact that there has been a conviction involving liquor abuse. It certainly gives Ms Walker the opportunity to see whether she could obtain work in the industry. If in nine months time she has not been able to show that she has work and/or the support of an employer, then it is probable that the next renewal application may not be granted. However, that is a matter for the future. In the meantime, the application for renewal is granted, but on limited terms.

DATED at WELLINGTON this 19th day of December 2003

B M Holmes
Deputy Secretary

rmwalker.doc(aw)