Marner v Coffey [2007] NZLLA 846 (6 September 2007)

New Zealand Liquor Licensing Authority

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Marner v Coffey [2007] NZLLA 846 (6 September 2007)

Last Updated: 13 February 2010

Decision No.PH 846/2007
PH 847/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension or cancellation of General Manager's Certificate number 049/GM/121/2006 issued to MARIU PENNY COFFEY

BETWEEN CAROLINE ANNE MARNER

(Police Officer of Wellington)

Applicant

AND MARIU PENNY COFFEY

Respondent

AND

IN THE MATTER of an application by MARIU PENNY COFFEY pursuant to s.123 of the Act for renewal of General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at Wellington on 9 August 2007

APPEARANCES
Sergeant C A Marner – NZ Police – applicant and in opposition to application for renewal of manager's certificate
No appearance by or on behalf of respondent and applicant for renewal of manager's certificate
Mr R S Putze – Wellington District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] There are two applications before the Authority for determination. The first of these applications is for the renewal of a General Manager’s Certificate issued to Mariu Penny Coffey.

[2] Ms Coffey was first granted her certificate on 30 March 2006. When she filed her application for renewal in late March 2007, Ms Coffey was asked whether she had been convicted of any offence since the certificate was issued. She wrote ‘No.’ Technically that information was correct, although the evidence shows that she had been apprehended on 27 August 2006, a few months after her certificate was granted.

[3] The evidence discloses that she was following another vehicle quite closely on the Wellington urban motorway, and was swerving about in her lane. She then hit the median barrier. Subsequently she overtook a vehicle and sped off at a speed greater than 100 kilometres per hour, continuing to swerve. In the Terrace Tunnel she crossed the double yellow line. She then parked the vehicle in Taranaki Street and the Police were called. She was seen to be returning to the vehicle and showed signs of being under the influence of liquor. A subsequent evidential breath test disclosed a reading of 730 micrograms of alcohol per litre of breath.

[4] It took some time for the matter to be heard in the District Court. Eventually there was a defended hearing on 1 August 2007. The evidence is that Ms Coffey was found guilty of the charges of driving with excessive breath/alcohol content and careless driving. She has been remanded to 17 September for sentencing.

[5] It is understood that a witness was called on behalf of the defendant to own up to being the driver, but that evidence was not believed. There may be further charges pending.

[6] It was this behaviour which brought about opposition to the renewal of the General Manager’s Certificate. It was also the ground for application for the suspension or cancellation of the certificate, which was lodged with the Authority in July of this year. The basis of the application was that Ms Coffey’s conduct had been such as to show a lack of suitability to hold the certificate.

[7] There have been numerous messages left for Ms Coffey by the Authority’s secretariat, but no response has ever been received. One of the documents which was sent by registered mail was returned. There has been no appearance by Ms Coffey in support of her application for renewal of her certificate or as a respondent in the enforcement application.

[8] In her absence and in the absence of any rational or satisfactory explanation, it is clear to us that the grounds for the application have been established. Furthermore, in her absence, Ms Coffey would have great difficulty in establishing the criteria in s.126 of the Act. These criteria relate to her character and reputation, and any convictions recorded against her. There is no evidence about the manner in which she has managed the sale and supply of liquor during her probationary year. It is not known whether she is still employed in the hospitality industry.

[9] The offending is relatively serious. Normally such behaviour would have led to a period of suspension of the certificate and probably a reduced period of renewal, at least to give her another probationary period. However, as Ms Coffey has failed to appear, we take the view that the reasonable inference to be drawn is that she is no longer interested in pursuing her application. In those circumstances the application for renewal is now declined.

[10] This means that the enforcement application is rendered nugatory and may be dismissed.

DATED at WELLINGTON this 6th day of September 2007

B M Holmes
Deputy Secretary

Mariu Coffey.doc