Wood, re [2007] NZLLA 362 (18 April 2007)

New Zealand Liquor Licensing Authority

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Wood, re [2007] NZLLA 362 (18 April 2007)

Last Updated: 13 February 2010

Decision No. PH 362/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by DANIEL KARL WOOD 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 NEW PLYMOUTH on 11 April 2007

APPEARANCES

No appearance by or on behalf of applicant
Mr M E Clearwater – New Plymouth District Licensing Agency Inspector – in opposition
Senior Sergeant S E Wansbrough – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Daniel Karl Wood for the renewal of his General Manager’s Certificate. Mr Wood was first granted his certificate in 2002 and it became due for renewal on 31 July 2006.

[2] When he made his application Mr Wood disclosed that he had been convicted for an offence against the Misuse of Drugs Act. The Police opposed to the renewal based on the fact that on 4 September 2003, it was found that Mr Wood had been cultivating cannabis. He was using a sophisticated hydroponic system in a shed which had been specially constructed for the purpose. Twenty seven quality plants were located. Mr Wood admitted at the time that his intention was to sell the plants to a buyer to clear debts.

[3] The application was set down for a public hearing and the Police opposition was supported by the District Licensing Agency Inspector. The Inspector rang the applicant who indicated that he believed that drug offending should carry less weight than alcohol related offending.

[4] Mr Wood has not appeared to support his application or to explain his offending. Both the Police and the District Licensing Agency Inspector have indicated that in the light of the serious offending which attracted a penalty of 15 months imprisonment, that a conviction-free period of at least five years should elapse from the time of the offending. We agree with the submissions which are supported by an earlier Authority decision known as G L Osborne LLA 2388/95.

[5] In the absence of the applicant, and in the light of the serious offending, and taking into account the criteria set out in s.126 of the Act we have no hesitation in refusing the renewal of the General Manager’s Certificate.

DATED at WELLINGTON this 18th day of April 2007

Judge E W Unwin Ms P A Ballard
Chairman Member

Daniel Wood.doc(aw)