Martin, re [2004] NZLLA 435 (15 July 2004)

Last Updated: 8 April 2010

Decision No. PH 435/2004

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by KAHU JOHN MARTIN 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 Wellington on 14 July 2004

APPEARANCES

No appearance by or on behalf of the applicant
Sergeant G D Verner – NZ Police – in opposition

Mr R S Putze – Wellington District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

Introduction

[1] This is an application by Kahu John Martin for a General Manager’s Certificate pursuant to s.118 of the Act.

[2] At the time of his application Mr Martin was working at the “Museum Hotel”, Wellington. His employer supported his application, which was accompanied by two references. One from the Food and Beverage Manager at the “Museum Hotel” and the other by an unknown person.

[3] The Police opposed the application on the ground that on the application form in response to question 2(d) “Have you been convicted of any offence?” the applicant answered “No”.

[4] In April 2000 Mr Martin was convicted in the Invercargill District Court of “Doing an Indecent Act” and “Driving with Excess Breath Alcohol”. In January 2003 he was again convicted of “Driving with Excess Breath Alcohol”.

[5] In Antony Raymond Johns LLA 947/98 the Authority said that it takes a very serious view of any failure to report correctly a complete list of convictions.

[6] In Valesha Anna Marx LLA 946-947/97 the Authority said:

We usually give added weight to any conviction ...

(a) For any offence occurring on or involving or arising from conduct on licensed premises:

(b) Relating to or involving the use or abuse of drugs or liquor:

(c) Disclosing two or more serious offences of a similar type:

(d) For assault or violence offences against any person.

[7] Mr Martin is no longer working at the “Museum Hotel”, Wellington. Attempts to contact him have been unsuccessful. He has not appeared today to support his application. By his absence we can only conclude that Mr Martin no longer wishes to pursue his application.

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

DATED at WELLINGTON the 15th day of July 2004

Judge E W Unwin Mr J C Crookston
Chairman Member

Kahu Martin.doc(afw)