Walker, re [2004] NZLLA 44 (2 February 2004)

Last Updated: 17 February 2010

Decision No. PH 044/2004

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ROBERT JAMES WALKER 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 22 January 2004

APPEARANCES

No appearance by or on behalf of applicant
Mr R S Putze – Wellington District Licensing Agency Inspector – to assist
Sergeant G D Verner – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Robert James Walker for a General Manager's Certificate.
[2] Mr Walker has failed to appear, although he called on the Authority two days ago thinking that the application would be heard then. Mr Walker acknowledged that he had a current charge for violence pending in the Courts. It was suggested to him that in the light of the charge he had to make a decision whether or not to proceed with the application.
[3] The inference which we draw from his non-appearance, is that he is no longer interested in pursuing his application.
[4] Mr Walker does have experience in the conduct of licensed premises. He has been employed at the “Ox Bar and Casino” for well over twelve months. He also has a certificate confirming that he has completed a course of training with D A Richards and Associates. Finally, he has a written reference from the manager of the ”Ox Bar”.
[5] However, since the application was filed in August of this year, Mr Walker has received one serious conviction with another one pending. The conviction was for male assaults female. He was convicted on 20 August last and fined $500. As far as the current charge is concerned, the allegation is one of assault with intent to injure. A warrant for Mr Walker’s arrest was issued in respect of this charge for his non-appearance at the hearing. It is not known whether that warrant has been executed.
[6] In the case of Valesha Anna Marx LLA 946-947/97, it was noted that added weight was given to convictions involving assault or violence against persons. As there is already one conviction recorded less than six months ago, and a possibility of a second, it seems to us that combined with Mr Walker’s absence from the hearing, this application is premature. A period of ‘conviction-free’ time will have to elapse before a further application can be filed with any confidence.
[7] The application is accordingly refused.

DATED at WELLINGTON this 2nd day of February 2004

Judge E W Unwin Mr J C Crookston
Chairman Member

rjwalker.doc(aw)