Rutherford [2004] NZLLA 864 (6 December 2004)

Last Updated: 24 January 2012

Decision No. PH 864/2004

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by LAWRI-ANNE RUTHERFORD 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 DUNEDIN on 18 November 2004

APPEARANCES

No appearance by or on behalf of applicant
Sergeant M C Hepburn - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Lauri-Anne Rutherford pursuant to s.118 of the Act. 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] When Ms Rutherford made her application she was asked the question “has the applicant been convicted of any offence”. Ms Rutherford answered “yes”. The second part of the question asked “if yes, what was the nature of the offence, date of conviction and the penalty suffered.” The applicant answered “drink driving 2002 driving while disqualified.”

[3] It was later discovered that Ms Rutherford had five convictions. They were; in 2001 she failed to comply with a prohibition by an enforcement officer for which she was convicted and discharged, on 1 May 2002 she was convicted of driving with a breath alcohol level of 595 micrograms per litre of breath, on 15 October 2002 and 20 November 2002 she was convicted of driving whilst disqualified driving, and on 10 September 2003 she was convicted for the second time for driving with an excess breath alcohol level of 668 micrograms per litre of breath.

[4] In Antony Raymond Johns LLA 9745/98 the Authority said:

“We take a very serious view of any failure to report correctly a complete list of convictions.”

[5] And in G L Osborne LLA 2388/95 the Authority said:

"Without fettering ourselves in this or other applications, it may be helpful if we indicate that we commonly look for a five year period free of any serious conviction or any conviction relating to or involving the abuse of alcohol or arising in the course of an applicant’s duty on licensed premises."

[6] Ms Rutherford has not appeared today to support her application. By her absence we can only conclude that she no longer wishes to pursue her application. In all the circumstances Ms Rutherford’s application for a General Manager’s Certificate is refused.

DATED at WELLINGTON this 6th day of December 2004

Judge E W Unwin Mr J C Crookston
Chairman Member

Lawri-Anne Rutherford.doc(afw)