Ferguson v Heydon [2007] NZLLA 225 (14 March 2007)

Last Updated: 2 March 2010

Decision No. PH 225/2007 –
PH 226/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/060/574/2002 issued to MARCUS JULIAN JAMES HEYDON

BETWEEN MARTIN FERGUSON

(Christchurch District Licensing Agency Inspector)

Applicant

AND MARCUS JULIAN JAMES HEYDON

Respondent

AND

IN THE MATTER of an application by MARCUS JULIAN JAMES HEYDON 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: Ms P A Ballard

HEARING at CHRISTCHURCH on 26 February 2007

APPEARANCES

Mr M Ferguson – Christchurch District Licensing Agency Inspector – applicant and in opposition to application for renewal of manager’s certificate
No appearance by or on behalf of respondent and applicant for renewal of manager’s certificate
Sergeant A J Lawn – NZ Police – to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application for the suspension of a General Manager’s Certificate issued to Marcus Julian James Heydon together with an application by Mr Heydon for the renewal of his General Manager’s Certificate.

[2] Mr Heydon was first granted his certificate in 2002. The certificate fell due for renewal on 26 June 2006. In his application Mr Heydon acknowledged that in the interim period of time he had been convicted of refusing a blood specimen. This conviction led to an objection to the renewal together with an application brought by the District Licensing Agency Inspector for the suspension of the certificate.

[3] The application was brought on the grounds that Mr Heydon’s conduct had been such as to show that he was not a suitable person to hold the certificate. The evidence shows that Mr Heydon was apprehended on 12 November 2004 and was convicted in the District Court in Christchurch on 1 December of that year and was fined $750 with costs and disqualified from holding or obtaining a drivers licence for six months.

[4] Because the incident involved liquor abuse there was (not unnaturally) opposition to the renewal of the certificate. However in this case the evidence shows that the District Licensing Agency wrote to the applicant advising that it was necessary for the applicant to produce a Licence Controller Qualification. This results from the amendment to the Act which came into force on 1 April 2006. Pursuant to that amendment neither the Agency nor the Authority can grant or renew a General Manager’s Certificate unless the applicant is the holder of the prescribed qualification known as the Licence Controller Qualification.

[5] Mr Heydon has not appeared to support his application or to explain why it was that he became involved in the liquor abuse incident. It may be that the correspondence has gone astray because it is noted that the notice of hearing has been returned to the Authority. In the meantime in the absence of the applicant, we do not have the jurisdiction to renew the certificate. Accordingly the application must be refused. This means that it is no longer necessary to deal with the application for suspension of the certificate although we do point out that in the light of the evidence we have heard it is probable that a one month suspension would have been imposed.

[6] The application for renewal is accordingly declined.

DATED at WELLINGTON this 14th day of March 2007

Judge E W Unwin Ms P A Ballard
Chairman Member

Marcus Heydon.doc(aw)