Drake [2006] NZLLA 747 (20 September 2006)

Last Updated: 22 January 2012

Decision No. PH 747/2006

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by CHANEL MARIE DRAKE 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: Ms P A Ballard

HEARING at QUEENSTOWN on 22 August 2006

APPEARANCES

No appearance by or on behalf of applicant
Mrs S L Wilson – Central Otago District Licensing Agency Inspector – in opposition
Sergeant K A Pirovano – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Chanel Marie Drake for a General Manager’s Certificate.

[2] Ms Drake filed her application on or about 25 November 2005. At that time Ms Drake was working as a waitress/barmaid at a licensed restaurant in Clyde.

[3] In the application Ms Drake disclosed that she had a conviction for disorderly behaviour. The Police duly checked and discovered that there was such a conviction. However Ms Drake had neglected to mention three other convictions which also occurred in November 2003. The convictions were for assaulting Police, disorderly behaviour and resisting Police. Convictions and a sentence of community work were duly imposed in the Invercargill District Court in the same month. The Police took the view that the failure to disclose the convictions impacted on the suitability of the applicant and an adverse report was filed.

[4] The application was set down for hearing in May of this year but was adjourned because Ms Drake was in receipt of accident compensation and was unable to attend. The Inspector has since been in touch with the applicant who now lives in Christchurch. She is studying in another vocation and has had no work in the industry for some time. She was intending to withdraw the application but has not managed to get round to that. She has not appeared in support of her application. The final impediment to any grant of a certificate is that she is not currently the holder of a Licence Controller Qualification.

[5] In all the circumstances the application must be declined at this time. It may be that with the course of time the convictions would not have impacted on the grant of an application. But without her having work and support in the industry and of course a Licence Controller Qualification the application cannot be granted and is accordingly refused.

DATED at WELLINGTON this 20th day of September 2006

Judge E W Unwin Ms P A Ballard
Chairman Member

Chanel Drake.doc(aw)