Norris [2005] NZLLA 923 (21 December 2005)

Last Updated: 25 January 2012

Decision No. PH 923/2005

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ELISABETH ANNE NORRIS 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 HENDERSON on 5 December 2005

APPEARANCES

Ms E A Norris - applicant
Mrs S Markovina - Rodney District Licensing Agency Inspector - in opposition
Sergeant S Hawkins - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Elisabeth Anne Norris for a General Manager’s Certificate. In coming to our decision we are governed by the provisions of s.121 of the Act. The relevant criteria which are set out in that section relate to Ms Norris’ character and reputation, and the convictions recorded against her.

[2] Ms Norris has been working for some time at “Wade Hotel” in Silverdale. When she filed her application in December 2004, she produced references from the bar manager of the hotel, and from the proprietor at that time. The bar manager Louise Graham, has seen fit to come to the hearing. She is the holder of a General Manager’s Certificate, and is very supportive of the application. Having worked with Ms Norris, she believes that she is very responsible, and notwithstanding the fact that she is just 21 years of age, has no difficulty in running the bar on her own, albeit with a certificated manager present on the premises. Ms Norris has also been operating a bar on a licensed boat, and apparently the General Manager’s Certificate will be used in respect of that enterprise as well.

[3] Ms Norris has completed a course of training with the Maharani Technical Institute. She has the support of her employer, and she has experience which in the circumstances based on the impression of Ms Graham’s evidence, could be considered to be satisfactory. The Police have quite correctly pointed out that Ms Norris has a conviction against the drink driving provisions of the Transport Act. It seems that on 25 July 2004, she was apprehended. She was under 20 at the time. She had a breath alcohol limit of 389 micrograms of alcohol per litre of breath. Because of her age at the time the level was against the relevant allowable limit, and she was duly convicted and disqualified. She was subsequently disqualified further because she drove when her licence was suspended.

[4] The general guideline is that an isolated drink driving conviction particularly one for someone under the age of 20, should result in a stand down or conviction free period of two years, and we do no see any reason to make an exception for Ms Norris. On the other hand, we accept that it would be inappropriate to deny her this opportunity to step up in her chosen vocation.

[5] We propose to adjourn these proceedings for nine months, which technically will show that two conviction free years have passed since the offending occurred. In that time it is pretty clear that Ms Norris will have learnt the lesson. If all other reports are positive following the adjournment period, and there have been no other incidents, we propose to grant the application on the papers. On the other hand if there have been other adverse matters a further public hearing will be scheduled.

[6] The application is accordingly adjourned.

[7] It is anticipated that over the next nine months Ms Norris will be able to work as a temporary or acting manager provided that the provisions of ss.128 and 129 of the Act have been complied with.

DATED at WELLINGTON this 21st day of December 2005

Judge E W Unwin Mr J C Crookston
Chairman Member

Elisabeth Norris.doc(aw)