Rimington, re [2007] NZLLA 264 (29 March 2007)

Last Updated: 7 March 2010

Decision No. PH 264/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by MATTHEW GARNER RIMINGTON 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 14 March 2007

APPEARANCES

No appearance by or on behalf of applicant
Mr G S Whittle – Auckland District Licensing Agency Inspector – in opposition
Senior Constable J P Loye – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Matthew Garner Rimington for a General Manager’s Certificate.

[2] Mr Rimington filed his application with the Auckland District Licensing Agency on 21 July 2006. At that time he was said to be working at “Swashbucklers Restaurant” in Auckland. Mr Rimington is the holder of a Licence Controller Qualification.

[3] There was Police opposition to the application based on a recent conviction for driving with excess breath alcohol content.

[4] The facts show that on 12 January 2006 Mr Rimington was apprehended and subsequently gave a breath alcohol level of 542 micrograms of alcohol per litre of breath. He was convicted, fined and disqualified some four days later. Although there are two previous matters they are historical in nature.

[5] Regrettably Mr Rimington has not appeared in support of his application. Accordingly we have no way of knowing whether he is currently employed in the industry. Nor have we had the benefit of hearing an explanation as to the incident itself. It is conceivable that had he appeared and spoken with us, the matter could have been adjourned with a view to being dealt with on the papers at a later stage.

[6] In the absence of an appearance the inference we draw is that Mr Rimington is no longer interested in pursuing his application and it is accordingly declined.

DATED at WELLINGTON this 29th day of March 2007

Judge E W Unwin Ms P A Ballard
Chairman Member

mgrimington.doc (md)