Gear, re [2006] NZLLA 281 (18 April 2006)

Last Updated: 12 March 2010

Decision No. PH 281/2006

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by DAVID DARYL GEAR pursuant to s.118 of the Act for a Club Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr J C Crookston

HEARING at AUCKLAND on 4 April 2006

APPEARANCES

No appearance by or on behalf of applicant
Mr D W Sara – Auckland District Licensing Agency Inspector – in opposition
Constable R M Groom – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by David Daryl Gear pursuant to s.118 of the Act for a Club Manager’s Certificate. This is not the first time this matter has been called for a hearing. The first time was on 18 January 2005 when the applicant failed to appear. The Registrar contacted Mr Gear and ascertained that he was now working for an engineering company. As a result of that conversation it was arranged that the matter would be called again for today.

[2] Mr Gear again has not appeared. The Police have opposed Mr Gear’s application on the grounds of his convictions relating to offending that occurred on 12 December 2003. On that occasion he was found driving with an excess breath alcohol level, he failed to stop and ascertain if a person was injured and he was also guilty of carelessly operating a vehicle. The applicant was convicted on 30 March 2004 and fined $750 and disqualified from driving for six months. The disqualification period was due to end on 30 September 2004.

[3] The Police have referred to G L Osborne LLA 2388/95 where the Authority said:

"Less serious convictions are also weighed. By way of example is an isolated excess breath alcohol conviction or similar driving offence disclosing a pattern of offending. Nevertheless all convictions must be weighed as required by s.121(1)(b). In these and similar cases we frequently indicate that a minimum of two years from the date of conviction may result in such favourable consideration. Providing similar reports from both the Police and the Licensing Inspector are received."

[4] The Authority regards the date of offending as the appropriate date for dealing with such matters. In this particular case the two years has now expired and we may have been minded to look upon Mr Gear’s application more favourably. However, Mr Gear has failed to appear a second time and he is not involved in the industry.

[5] The Authority has frequently stated that it regards a manager's certificate as a working document and not as a bankable resource to add to a person’s curriculum vitae.

[6] By Mr Gear’s failure to appear today to support his application we can only presume that he no longer wishes to pursue his application. In all the circumstances Mr Gear’s application for a Club Manager’s Certificate is refused.

DATED at WELLINGTON this 18th day of April 2006

Judge E W Unwin Mr J C Crookston
Chairman Member

David Gear.doc(aw)