Allison, re [2006] NZLLA 356 (22 May 2006)

Last Updated: 28 March 2010

Decision No. PH 356/2006

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by NICHOLAS DAVID ALLISON 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 CHRISTCHURCH on 4 May 2006

APPEARANCES

Mr N D Allison – applicant
Mr M Ferguson – Christchurch District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Nicholas David Allison for a General Manager’s Certificate.

[2] Mr Allison was first grated a certificate on 11 April 2001. When he applied for the renewal of his certificate, it was noted that he had been apprehended for driving with excess breath alcohol content. The date of his offending on that occasion was 20 April 2001 a very short time after the certificate had been granted.

[3] The position was aggravated by the fact that Mr Allison received a second conviction in respect of offending on 24 March 2002. The application for renewal of the certificate was opposed because of the convictions involving liquor abuse and when it was heard on 12 May 2003 Mr Allison did not appear.

[4] In a decision LLA PH 395/2003 the application for renewal of the certificate was refused, however this was partly to do with the fact that Mr Allison had failed to appear in support of the application. It may well be that he was too embarrassed to appear.

[5] Since that time matters have moved on. We note for example, that it is now four years since Mr Allison was last convicted under the provisions of the drink driving legislation. Mr Allison has produced references from the licensed premises where he is now working and confirmed that he has been appointed to the position of general manager. He explains that he finds the job extremely challenging as well as being rewarding. He is now married with a young child, and believes that the Mr Allison of today is much more mature than the Mr Allison of four years ago. The breath alcohol levels as stated could be described as moderate, Mr Allison disputes any suggestion that he has a problem with the abuse of alcohol.

[6] The Inspector has referred us to the guideline decision of G L Osborne LLA 2388/95 in which it is stated:

"Without fettering ourselves in this or other applications, it may be helpful if we indicate that we commonly look for a five year period free of any serious conviction or any conviction relating to or involving the abuse of alcohol or arising in the course of an applicant’s duty on licensed premises."

[7] The issue is how that particular guideline should be interpreted. In this case we note that Mr Allison has been without his General Manager’s Certificate for a period of over two and a half years. He has a responsible position. He has moved on, and four years have elapsed during which time he has not been in any difficulty.

[8] In those circumstances we believe that it has now reached the stage where he can again be entrusted with the responsibilities which go with the holding of a certificate, and it is now granted.

DATED at WELLINGTON this 22nd day of May 2006

______________________
B M Holmes
Deputy Secretary

Nicholas Allison.doc(aw)