Miller, re [2007] NZLLA 197 (9 March 2007)

Last Updated: 27 February 2010

Decision No. PH 197/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by NICHOLAS DAVID MILLER 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 CHRISTCHURCH on 27 February 2007

APPEARANCES

No appearance by or on behalf of applicant
Mr M Ferguson – Christchurch District Licensing Agency Inspector – in opposition
Sergeant A J Lawn – NZ Police – to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Nicholas David Miller for a General Manager’s Certificate.

[2] The application was received by the District Licensing Agency on 1 November 2006. At that time Mr Miller was employed at licensed premises known as “Ferment” and at that time had been working there for about a year.

[3] He had the support of the general manager of “Ferment” as well as positive references from a colleague and another person involved in the hospitality industry. The application resulted in an adverse report from both the Inspector and the Police. This was because he had a drink driving conviction on 25 May 2005 for driving with a breath alcohol reading of 689 micrograms per litre of breath. Further charges were laid against him on 2 December 2006 for driving with an excess blood alcohol content. The matter is set down for 28 February 2007 after the date of this hearing.

[4] The Authority is guided by its decision in G L Osborne LLA 2388/95 which sets out guidelines relating to previous convictions. In that decision the Authority decided that where there was a single conviction there should be a two year period free of further convictions before a General Manager’s Certificate would be granted.

[5] In this case there has been a further matter. Mr Miller has not appeared and no explanation has been given for his non appearance. In the circumstances the only reasonable inference we can draw is that he no longer wishes to continue with his application which is now declined.

DATED at WELLINGTON this 9th day of March 2007

Judge E W Unwin Ms P A Ballard
Chairman Member

Nicholas Miller.doc(aw)