Hepburn v Morris [2004] NZLLA 482 (27 July 2004)

Last Updated: 4 June 2010

Decision No. PH 482/2004 –
PH 483/2004

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for cancellation of General Manager’s Certificate number GM 3664/96 issued to KEITH ALEXANDER (TERRY) MORRIS

BETWEEN MARTIN CLAUD HEPBURN

(Police Officer of Dunedin)

Applicant

AND KEITH ALEXANDER (TERRY) MORRIS

Respondent

AND

IN THE MATTER of an application by KEITH ALEXANDER (TERRY) MORRIS pursuant to s.123 of the Act for the 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 DUNEDIN on 12 July 2004

APPEARANCES

Sergeant M C Hepburn - NZ Police –applicant and in opposition to application for renewal of manager’s certificate

Mr K A Morris - respondent and applicant for renewal of manager’s certificate
Mr A S Mole - Dunedin District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] There are two matters before the Authority. The first is an application by Mr Keith Alexander (Terry) Morris for the renewal of his General Manager’s Certificate. Mr Morris has held a certificate since 6 December 1996.

[2] There is a second application brought by the Police for the cancellation of this certificate. The ground for the application is that Mr Morris’ conduct has been such as to show that he is not a suitable person to hold the certificate. The circumstances in support of the ground is that Mr Morris suffered a conviction in April 2002 for drink driving, and for driving while suspended, and careless use. The allegation is that this was his fifth conviction for that offending.

[3] Mr Morris has not had an easy time since the filing of the application. There may have been a breakdown in communication, but he came to the view that because of the opposition to the renewal and the cancellation application, he no longer held a General Manager’s Certificate. As a consequence, he lost some opportunities for employment.

[4] Mr Morris has been good enough to appear before the Authority this morning and advise that he no longer wishes to pursue his application to renew his General Manager’s Certificate. In those circumstances the application for the renewal of the General Manager’s Certificate will be refused. As a consequence of that order, the application for cancellation of the General Manager’s Certificate is now withdrawn by the Police.

[5] Orders are made accordingly.

DATED at WELLINGTON this 27th day of July 2004

Judge E W Unwin Mr J C Crookston
Chairman Member

Keith Morris.doc(afw)