Povey [2004] NZLLA 872 (8 December 2004)

Last Updated: 24 January 2012

Decision No. PH 872/2004

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by PETER JOHN POVEY 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 AUCKLAND on 22 November 2004

APPEARANCES

Mr P J Povey – applicant
Ms S Markovina – Rodney District Licensing Agency Inspector – to assist
Constable A R Gentry – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Peter John Povey for the renewal of his General Manager’s Certificate. In matters such as this, the Authority is guided by the criteria set out in s.126 of the Act. These criteria are:

(a) The character and reputation of the applicant;

(b) Any convictions recorded against the applicant since the certificate was issued or last renewed;

(c) The manner in which the manager has managed the sale and supply of liquor pursuant to the licence, with the aim of contributing to the reduction of liquor abuse;

(d) Any matters dealt with in any report made under s.124 of the Act.

[2] All indications are that Mr Povey has managed the licensed premises, in particular the Parakai Tavern, in a sound manner. He is regarded by the Police as an astute bar manager. The Inspector has reported that he is suitable in terms of his knowledge and experience.

[3] When Mr Povey made his application for a General Manager’s Certificate, the Police had some reservations because of past history, but believed Mr Povey should be given an opportunity to advance his career. Unfortunately, Mr Povey has been the subject of an arrest matter relating to an allegation concerning violence. Apparently, alcohol was involved. The case is due to come before the District Court in Waitakere on 16 December next. Accordingly, no conviction has been recorded, and it is not clear what the outcome with be. Apparently, Mr Povey has undergone an assessment with the Community Alcohol and Drug Service as part of the processing of the charge.

[4] My Povey was present at the hearing with his employer who is obviously supportive of him. By general agreement, it has been suggested that Mr Povey serve another probationary year during which time his performance both behind the bar and privately, may continue to be monitored by the reporting agencies.

[5] In those circumstances, we confirm that the General Manager’s Certificate will be renewed for a period of 12 months from 10 September 2004.

DATED at WELLINGTON this 8th day of December 2004

Judge E W Unwin Mr J C Crookston
Chairman Member

Povey.doc(ac)