Heibner [2007] NZLLA 1296 (11 December 2007)

Last Updated: 29 January 2012

Decision No. PH 1296/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by CRAIG LANCE HEIBNER pursuant to s.123 of the Act for renewal of a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr P M McHaffie

HEARING at WANGANUI on 17 October 2007

APPEARANCES

No appearance by or on behalf of the applicant
Mr J D Bonner – Wanganui District Licensing Agency Inspector – in opposition
Senior Constable R F Willemsen – NZ Police – in opposition

DECISION

We have before us an application by Craig Lance Heibner for renewal of his General Manager’s Certificate. The certificate was first issued in 2002, and fell due for its second renewal in December 2006.

A Police report opposed the application, detailing a lengthy history of convictions for liquor related traffic offences dating back to 1983. Although there is a gap in that history of offending between 1993 and 2004, the pattern has again since emerged with convictions incurred in September 2004 and December 2006.

There can be little doubt that the applicant would seem to have a problem with the misuse of alcohol, and the Police have contended that Mr Heibner is not a suitable person to continue to hold the certificate.

The Police have commended the Authority to its decision G L Osborne LLA 2388/95 in which it was 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."

Not only are the latest convictions recent, they illustrate that a disturbingly high concentration of blood alcohol was recorded.

The Agency Inspector supported the Police opposition, and he recommended in his report that we should not depart from our approach in relation to a five year offence-free interval before considering permitting the applicant to regain his certificate.

In any event, Mr Heibner has not appeared before us today, and we must presume that he has no current interest in pursuing his application.

In all the circumstances we are unable to be satisfied as to the matters to which we must have regard in s.126 of the Act. The application for renewal is refused.

DATED at WELLINGTON this 11th day of December 2007

______________
B M Holmes
Deputy Secretary

Craig Heibner.doc(ab)