Hubbard, re [2004] NZLLA 548 (16 August 2004)

Last Updated: 2 October 2010

Decision No. PH 548/2004

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by KURA LEONIE HUBBARD 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 GISBORNE on 9 August 2004

APPEARANCES

Miss K L Hubbard - applicant
Constable R B Akuhata - NZ Police - in opposition
Ms A Joe - Gisborne District Licensing Agency Inspector - to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Kura Leonie Hubbard for a General Manager’s Certificate. The Authority in considering such an application is bound by the criteria set out in s.121 of the Act. The relevant criteria in this case are the convictions recorded against the applicant, and the concern expressed by the reporting agencies that Miss Hubbard had ceased to work in the industry.

[2] Miss Hubbard completed a course of training with Liquor Licensing Bureau Limited in May 2003. She was working at the “Te Puia Springs Hotel” when she made her application in December 2003.

[3] Miss Hubbard recorded that she had a conviction for driving with excess breath alcohol. The report from the Police shows that on 2 May 2002, Miss Hubbard was apprehended with a level of 482 micrograms of alcohol per litre of breath. She was dealt with by the District Court in Levin a month later, and was fined and disqualified. When the Police objected to the application, reference was made to the fact that the applicant had a drink driving conviction within less than two years from the application.

[4] That submission was of course correct at that time. To some extent Miss Hubbard has been assisted by the delay in the Authority hearing this matter in Gisborne. As far as experience is concerned, Miss Hubbard worked as a part time bar person at the “Te Puia Springs Hotel”, but this work finished in December 2003. Approximately two months ago, Miss Hubbard received part time work at the “Te Puke Tavern” on a casual basis. During that time she has acted as an acting manager on at least three occasions for a short period of time.

[5] Generally speaking, we are satisfied that she has good knowledge of her responsibilities as the holder of a General Manager’s Certificate, and is a person who we could rely on not to sell liquor to prohibited persons. As far as the conviction is concerned, the Authority is guided by its former decision of G L Osborne LLA 2388/95. In that case the Authority indicated that a period of five years could be considered as a conviction free period for any serious offending, or other offending involved in the abuse of alcohol, or arising in the course of an applicant’s duty on licensed premises.

[6] The Authority then went on to say:

“Less serious convictions are also weighed. By way of example is an isolated excess breath or blood alcohol conviction or a single driving offence disclosing no pattern of offending. In these and similar cases we frequently indicate that a minimum of two years from the date of conviction may result in subsequent favourable consideration.”

[7] As indicated earlier, the application has now been overtaken by time, and it is two years since the conviction. In those circumstances, bearing in mind that any General Manager’s Certificate is for a probationary period of one year initially, we propose to grant the application.

DATED at WELLINGTON this 16th day of August 2004

Judge E W Unwin Mr J C Crookston
Chairman Member

Kura Hubbard.doc(afw)