Levi, re [2004] NZLLA 309 (11 May 2004)

Last Updated: 14 March 2010

Decision No. PH 309/2004

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by IONA LEVI 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 27 April 2004

APPEARANCES

No appearance by or on behalf of applicant
Miss M J McLeod - Auckland District Licensing Agency Inspector - to assist
Mr R G Poole - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application pursuant to s.118 of the Act for a General Manager’s Certificate. The criteria to which we must have regard are set out in s.121 of the Act as follows:

(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] At the time of his application Mr Levi was employed at the “Airedale Hotel” as a night auditor. The Inspector reported that if Mr Levi’s application were to be granted he would be employed as a duty manager when required.

[3] The application drew an adverse report from the Police on the grounds that Mr Levi has “a substantial history” and he had failed to declare all his convictions on his application form.

[4] When Mr Levi completed the form he answered the question “has the applicant been convicted of any offence” by ticking “yes” on the form. As to the question “nature of offence” he wrote “possession of cannabis 1987 suspended sentence”.

[5] When the Police reviewed Mr Levi’s application they discovered that he had twelve convictions between 1994 and 1997. They included convictions for assault, possession of cannabis plant, breaches of periodic detention, driving whilst disqualified, and driving with excess breath alcohol level. Also, in 1997 Mr Levi was convicted for assault on Police and assault with intent to injure. He was sentenced to imprisonment for two years nine months. Mr Poole advised the Authority that the sentence was confirmed on appeal.

[6] In Antony Raymond Johns LLA 974/98 the Authority has said that it takes a very serious view of any failure to report correctly a complete list of convictions.

[7] Mr Levi has not appeared today to support his application. He was advised of the hearing today by a staff member of the Authority. By his absence we can only conclude that Mr Levi no longer wishes to pursue his application.

[8] In all the circumstances Mr Levi’s application for a General Manager’s Certificate is refused.

DATED at WELLINGTON this 11th day of May 2004

Judge E W Unwin Mr J C Crookston
Chairman Member

Levi.doc(nl)