Petchell, re [2007] NZLLA 832 (31 August 2007)

New Zealand Liquor Licensing Authority

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Petchell, re [2007] NZLLA 832 (31 August 2007)

Last Updated: 14 February 2010

Decision No.PH 832/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JESSICA JOYCE PETCHELL pursuant to s.123 of the Act for renewal of a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: Judge E W Unwin
Member: Mr P M McHaffie

HEARING at Tauranga on 15 August 2007

APPEARANCES

Mr J A Goodman – on behalf of applicant
Mr R F Burgess – Western Bay of Plenty District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Jessica Joyce Petchell for the renewal of her General Manager’s Certificate.

[2] Ms Petchell was granted her certificate on 24 May 2006 and this application therefore represents the first renewal following what is regarded as the probationary year.

[3] The application disclosed a conviction for driving with excess breath alcohol, and accordingly the Inspector made further enquiries. The Inspector decided that because the conviction had occurred so soon after the grant of the application, it was appropriate that the application be opposed. After all, every discretion exercised by the Agency or the Authority, is predicated (pursuant to s.4 of the Act), on the requirement that such discretion will be exercised in a manner that is most likely to promote the object of the Act. In simple terms this means placing emphasis on the reduction of liquor abuse.

[4] The Inspector had also had some concerns about the original application. Ms Petchell was born on 6 November 1987, and was 18 years of age at the time of her application.

[5] The application has to some extent been overtaken by time. The evidence showed that Ms Petchell had been apprehended for driving with excess breath alcohol content on 5 May 2006 at about midnight. This was prior to her application being granted. Ms Petchell was stopped at a breath alcohol checkpoint by the Police. The evidential breath test showed a level of 371 micrograms of alcohol per litre of breath. She said she had only had one drink prior to driving. Ms Petchell was duly dealt with in the Waihi District Court.

[6] As it happens, the date of her conviction was the same date that she was granted her General Manager’s Certificate. She was duly fined and disqualified. We are satisfied having heard from her and indeed from her stepfather that the conviction itself has had quite an impact on her. We are satisfied that it was an isolated offence and that Ms Petchell has learned from the experience.

[7] Ms Petchell decided not to continue with work at the “Waihi Beach RSA” once her application had been opposed. She does have potential work available back with the “Waihi Beach RSA”, and there is also the possibility of more work available at premises operated by her parents for which an on-licence is to be applied for at some stage. The issue of working in the industry is an important matter from our perspective, and is a matter that needs to be reviewed on each renewal.

[8] Normally, an application might have been brought for the suspension of the General Manager’s Certificate following the conviction, but that option was not available. From our perspective we only have two options. We can either refuse the renewal, (which effectively cancels the General Manager’s Certificate), or we may grant it.

[9] In our view, (and in having heard from Ms Petchell), we believe that to refuse the application would be an unreasonable response to the incident. We propose therefore to grant the application for renewal, but for a period of 18 months only. This means that the manager’s certificate will fall due again for renewal on 24 November 2008 in a little over 12 months time. No doubt at that time Ms Petchell will be able to provide full details of what work she is carrying out in the hospitality industry which will be a prerequisite to any further renewal.

[10] The reduced period of renewal will hopefully be a reminder to her and to the holders of other General Managers' Certificates, that our expectation is for standards to be higher than might be expected from members of the public. We see the responsibility on the holders of General Managers' Certificates is not just about keeping their patrons safe, but setting an example to them.

[11] The renewal application is granted for the reduced period of 18 months.

DATED at WELLINGTON this 31st day of August 2007

B M Holmes
Deputy Secretary

Jessica Petchell.doc