Lucas, re [2006] NZLLA 235 (5 April 2006)

Last Updated: 3 March 2010

Decision No. PH 235/2006

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by YON NILES LUCAS 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 27 March 2006

APPEARANCES

No appearance by or on behalf of applicant
Constable Dean Gifford – NZ Police – in opposition
Mrs V M Coull – Hutt District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Yon Niles Lucas pursuant to s.118 of the Act for a General Manager’s Certificate.

[2] At the time that Mr Lucas made his application for a General Manager’s Certificate he was employed at “5 On Queens” which is a restaurant in Lower Hutt. His references stated he is a reliable and hard working employee who has a good deal of experience in the restaurant trade, both overseas and in New Zealand.

[3] When Mr Lucas was interviewed by the Inspector, he demonstrated a good understanding of the Sale of Liquor Act and Host Responsibilities issues and he had also completed a Sale of Liquor Act and Host Responsibility course, NZQA Unit 4646, and 16705 with Brett Jones and Associates Limited.

[4] However, when he made his application Mr Lucas did not disclose an active charge for drink driving on his application form. The Inspector and the Police therefore opposed his application. Mr Lucas made his application on 10 August 2005, which was not forwarded to the Liquor Licensing Authority at that time as he was due to appear in Court. It was decided by the authorities to wait for the outcome of that hearing as to whether Mr Lucas was convicted or not.

[5] On 11 March 2004 Mr Lucas had been stopped by the Police while driving his vehicle with a breath alcohol level of 566 micrograms per litre of breath. Through various delays in the District Court Mr Lucas was not convicted until 13 February 2006. On that occasion Mr Lucas was fined $600, Court costs of $130 and disqualified from driving for six months. Accordingly Mr Lucas’s disqualification period is due to expire on 13 August 2006.

[6] Although two years have elapsed since the date of offending the Police have submitted that Mr Lucas should not be granted a General Manager’s Certificate until his period of disqualification has expired.

[7] Mr Lucas has not appeared today to support his application. Mr Lucas was advised prior to the hearing that the hearing time had been changed from 2.00 pm to midday. An attempt was made to contact Mr Lucas without success and a message was left for him on his cell phone. In the meantime, the Authority received evidence from the Police and the Inspector. The matter was then adjourned to the afternoon to give Mr Lucas an opportunity to appear.

[8] Mr Lucas failed to appear at the later time to support his application. It appears from an earlier conversation with our Registrar that Mr Lucas is no longer in the industry. He is not working at “5 On Queens”. By his absence we can only conclude that he no longer wishes to pursue his application.

[9] In all the circumstances Mr Lucas’ application for a General Manager’s Certificate is refused.

DATED at WELLINGTON this 5th day of April 2006

Judge E W Unwin Mr J C Crookston
Chairman Member

Yon Lucas.doc(aw)