Hogg, re [2005] NZLLA 23 (27 January 2005)

Last Updated: 16 February 2010

Decision No. PH 23/2005

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SANDRA PAMELA HOGG 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 14 December 2004

APPEARANCES

Mr D A Richards – agent for applicant
Senior Sergeant S D Sargent – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Sandra Pamela Hogg for a General Manager’s Certificate. The application was filed by Ms Hogg on 5 July 2004. At the time of the application, Ms Hogg had completed a seminar on the Sale of Liquor Act, and Host Responsibility with D A Richards & Associates.

[2] Ms Hogg was able to produce a reference from her employer “Liquor Price Bandits” based in Mana. A subsequent reference has shown that Ms Hogg has been working at this off-licence premise for some 18 months. The business was sold in June of 2004, but Ms Hogg has continued to work for the present employers. The application has received the full support of the employers. Furthermore, Ms Hogg has acted as a temporary manager for some considerable time, and at least since the filing of the application.

[3] The application drew an adverse report from the Police who pointed out that Ms Hogg had no less than three previous convictions under the drink driving legislation. The first of these was in 1998, some six years ago. Ms Hogg was convicted for driving with excess blood alcohol content. The level at the time was 166 milligrams of alcohol per 100 millilitres of blood. Ms Hogg was sentenced to community service and disqualified. Approximately three years later, in July 2001, Ms Hogg was again convicted of driving with excess breath alcohol. The level on that occasion was 864 micrograms of alcohol per litre of breath. Ms Hogg was sentenced to non-residential periodic detention, and disqualified for nine months. On 2 January 2002, Ms Hogg was again apprehended, and was again convicted some two months later. On that occasion, her level was 874 micrograms of alcohol per litre of breath. Ms Hogg was placed on supervision, and sentenced to non-residential detention and disqualified for a further 12 months.

[4] Ms Hogg has taken counselling and treatment. A certificate was produced to the Police that she had reduced her weekly consumption of liquor, and that the liver function tests were now reflecting the reduction in alcohol intake.

[5] As a consequence, when the matter was called at the public hearing, the Police were satisfied both with the work reference, and the results of her blood tests, and other information, that she could operate a bottle shop as the holder of a General Manager’s Certificate.

[6] Normally speaking, the Authority would be looking for a period of at least four years conviction free from the date of the last offending. In this situation, Ms Hogg has given an undertaking through her agent, that if granted a General Manager’s Certificate, it will only be used in the current premises, or at any other off-licence premise. She can only receive an exemption from this undertaking, from the Inspector, or from the Authority.

[7] In the light of the documentation which has been produced, and the lack of Police opposition, and in the light of the undertaking, we propose to adjourn these proceedings for six months. This gives Ms Hogg a further period of time in which she can operate as a temporary manager, provided the provisions of s.128 of the Act have been observed. If at the conclusion of that time there are no further instances reported by the Police or the District Licensing Agency, we propose to grant the application on the papers.

DATED at WELLINGTON this 27th day of January 2005

Judge E W Unwin Mr J C Crookston
Chairman Member

Hogg.doc(ac)