Mccormack, re [2007] NZLLA 592 (13 June 2007)

Last Updated: 3 October 2010

Decision No. PH 592/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by GLENN MCCORMACK 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
Members: Dr J Horn

HEARING at HOKITIKA on 5 June 2007

APPEARANCES

No appearance by or on behalf of applicant
Mr E J Newman – Westland District Licensing Agency Inspector – in opposition
Sergeant A J Lynch – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

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

[2] The application suffers from a number of deficiencies. Mr McCormack is not the holder of the Licence Controller Qualification. He has been requested by the Inspector on numerous occasions to supply the qualification but seems to have no understanding that the Act has been amended since 1 April 2006 and that neither the Agency nor this Authority may grant such a certificate absent the qualification.

[3] Mr McCormack was also asked to produce character references but has failed to do so. Mr McCormack was employed at licensed premises known as the "Empire Hotel" in Kumara but we understand that he may currently not have that employment.

[4] The final serious impediment to the application is that Mr McCormack has a number of relevant convictions. Mr McCormack has no less than four previous convictions for driving against the drink driving provisions of the Land Transport Act. He started offending in 1984 when he had a blood alcohol level of 200 milligrams of alcohol per 100 millilitres of blood. He was again apprehended in 1989 with a level of 743 micrograms of alcohol per litre of breath.

[5] The third occasion that Mr McCormack offended was in February 2000 when his level was 763 micrograms of alcohol per litre of breath.

[6] The final offence occurred on 23 April 2004. On that occasion the level was 599 micrograms of alcohol per litre of breath. On that occasion Mr McCormack was given a final warning.

[7] There is a pattern of offending here which shows a lack of commitment to the principles of host responsibility and an apparent lack of understanding of the relationship between the offending of this nature and the object of the Act.

[8] In such circumstances and relying on the decision of G L Osborne LLA 2388/95 we would expect a minimum period of four years to elapse from the date of the last offending together with some assurance from any applicant that they had received appropriate counselling and if necessary treatment from a recognised drug and alcohol agency.

[9] In any event on this occasion Mr McCormack has failed to appear in support of his application and we draw the inference that he is no longer interested in pursuing it. Accordingly the application for the reasons given is now refused.

DATED at WELLINGTON this 13 day of June 2007

B M Holmes
Deputy Secretary

Glenn McCormack.doc(aw)