Hanley, re [2007] NZLLA 217 (13 March 2007)

Last Updated: 1 March 2010

Decision No. PH 217/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ADRIENNE ELISEBETH HANLEY 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 26 February 2007

APPEARANCES

Ms A E Hanley - 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] This is an application by Adrienne Elisebeth Hanley for a General Manager’s Certificate.

[2] Ms Hanley filed her application on 1 September 2006. The application was accompanied by a very positive reference from Mr Michael Brown on behalf of the “Waimakariri Tavern and Restaurant”.

[3] Ms Hanley has been employed at these particular licensed premises for 12 months. According to Mr Brown she has brought with her a vast knowledge of the hospitality industry and is a very valued member of the team. She was described as honest and hardworking. It is clear that the application is fully supported.

[4] Ms Hanley disclosed a drink driving conviction which resulted in opposition to the application. The facts show that Ms Hanley was apprehended on or about 27 August 2005. She had a breath alcohol level of 645 micrograms of alcohol per litre of breath. She was subsequently dealt with in the Rangiora District Court and was fined and disqualified.

[5] Ms Hanley is a mature person. She has found the incident extremely embarrassing. It is her first conviction of any type over a relatively long life experience. She was able to make a connection between her own personal and private conduct and the expectations of the industry of the example to be set by the holders of General Manager’s Certificates. As was stated by the District Licensing Agency Inspector, “How a prospective manager regards compliance with the law is crucial to achieving the object of the Act.”

[6] Both the reporting agencies have referred us to an earlier decision of G L Osborne LLA 2388/95 in which was suggested that an isolated breath or blood alcohol conviction might result in a determination by the Agency or the Authority that the applicant undergo a minimum of two conviction free years. By being out of trouble for a period of two years it is thought that the person would have learned from the error of his or her ways, and be able to use the experience in a positive light.

[7] In this case we see no reason to depart from that guideline. Ms Hanley has been appointed as a temporary manager two or three times a week since she filed her application last September and we think that in those circumstances that situation should continue.

[8] We therefore propose to adopt the suggestion made by the reporting agencies that the application be adjourned for six months. During that time we anticipate that Ms Hanley will continue to be appointed as a temporary manager of the business. She has done so in the past and apparently done so without incident. At the end of six months if there are no further issues involving liquor abuse we propose to grant the application on the papers. If there are further adverse reports a further public hearing may be necessary.

[9] The application is adjourned accordingly.

DATED at WELLINGTON this 13th day of March 2007

Judge E W Unwin Ms P A Ballard
Chairman Member

Adrienne Hanley.doc(aw)