Dooley, re [2007] NZLLA 227 (14 March 2007)

Last Updated: 2 March 2010

Decision No. PH 227/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JOSEPH EDMOND DOOLEY 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 Joseph Edmond Dooley for a General Manager’s Certificate pursuant to s.118 of the Act.

[2] The application was submitted to the District Licensing Agency on 31 August 2006. At that time Mr Dooley was employed at “Worcester Tavern”, had completed a course of training and obtained the Licence Controller Qualification.

[3] Both the Police and the District Licensing Agency Inspector opposed the application on the basis of Mr Dooley’s previous convictions. The summary shows that he has a total of 17 convictions dating back to 1993. In addition there is a pending charge relating to theft by a person in a special relationship and on 9 January 2007 Mr Dooley was charged with failure to answer District Court bail.

[4] Mr Dooley did not appear at the hearing. The Inspector advised that he was unsure whether Mr Dooley was still employed in the industry. In light of these facts and consistent with our previous decisions we refuse the application. As Mr Dooley has not seen fit to attend we can only draw the inference that he is no longer interested in pursuing his application.
[5] The application is accordingly refused.

DATED at WELLINGTON this 14th day of March 2007

Judge E W Unwin Ms P A Ballard
Chairman Member

Joseph Dooley.doc(aw)