Kerr, re [2007] NZLLA 248 (19 March 2007)

Last Updated: 6 March 2010

Decision No. PH 248/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JAMES KERR 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 AUCKLAND on 12 March 2007

APPEARANCES

No appearance by or on behalf of applicant
Mr D W Sara – Auckland District Licensing Agency Inspector – to assist
Senior Constable C S Nathan – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by James Kerr for a General Manager’s Certificate.

[2] The Authority is governed by the criteria set out in s.121 of the Act. Among the criteria to which we must have regard, are any convictions recorded against the applicant, as well as the applicant’s character and reputation.

[3] At the time when Mr Kerr filed his application in July 2006 he revealed that he had one conviction for driving with excess breath alcohol content. The facts show that on 20 November 2005 he was convicted of driving with excess breath alcohol content. He was under 20 years of age. The level at the time was 400 micrograms of alcohol per litre of breath. Mr Kerr was duly convicted, fined and disqualified.

[4] In the light of our previous decisions, had Mr Kerr appeared, and been able to persuade us that he had the full support of an employer in the hospitality industry, we may have adjourned the present application to allow a two year trouble free period to elapse.

[5] However further facts indicate that on 4 August 2006 shortly after midnight Mr Kerr was in the carpark of licensed premises known as “The Sin Bin” in Takapuna. He became involved in an altercation with another male resulting in a physical confrontation including wrestling on the ground. Mr Kerr was arrested. At the time of his arrest it was found that he had four shot glasses in his trouser pocket. These were said to be the property of the licensed premises.

[6] Mr Kerr went before the Court when a theft charge was withdrawn and he pleaded guilty to fighting in a public place. He was convicted and ordered to come up for sentence if called upon within six months.

[7] This application has been previously adjourned at the request of Mr Kerr to enable the outcome of the fighting charge to be resolved. Following the conviction the application was again set down for a hearing. Mr Kerr has again failed to appear. Although he is the holder of the Licence Controller Qualification he has not appeared to give any explanation for his behaviour, and we have no knowledge as to whether he is currently working in the hospitality industry.

[8] In those circumstances, we draw the only reasonable inference that he is no longer interested in pursuing his application, which is now refused.

DATED at WELLINGTON this 19th day of March 2007

B M Holmes
Deputy Secretary

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