Herbert [2007] NZLLA 958 (3 October 2007)

Last Updated: 26 January 2012

Decision No.PH 958/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by DESMOND MELVIN HERBERT pursuant to s.123 of the Act for renewal of a Club Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Dr J Horn

HEARING at INVERCARGILL on 5 September 2007

APPEARANCES

Mr D M Herbert - applicant
Mr I E Nicholson – Southland District Licensing Agency Inspector – in opposition
Sergeant A J Harris – NZ Police – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Desmond Melvin Herbert for the renewal of his Club Manager’s Certificate. Mr Herbert has held a certificate since 31 January 2000. The certificate fell due for renewal at the end of January this year.

[2] When he filed his application Mr Herbert disclosed that he had been the subject of a conviction against the drink driving provisions of the Transport Act in 2005. As a consequence the Police followed their normal policy of filing an adverse report which resulted in a public hearing.

[3] Mr Herbert uses his Club Manager’s Certificate on a voluntary basis assisting with the "Edendale Bowling Club", and in particular, when the club is required to obtain a special licence.

[4] The facts show that Mr Herbert was apprehended on 10 November 2005. He was celebrating his birthday. He had a breath alcohol level of 575 micrograms of alcohol per litre of breath. He is a mature individual. The conviction which followed about two weeks later was the first such conviction in his life. Mr Herbert was easily able to make the connection between his own behaviour on that evening, and the object of the Act, as well as his responsibilities as the holder of a Club Manager’s Certificate.

[5] Having heard from Mr Herbert, and accepting as we do, that this was an isolated occurrence, we are left with two options. We can refuse the application for renewal or we can grant it. In Mr Herbert's case we believe that to refuse the application would be an unreasonable response to what has happened.

[6] Accordingly it is proposed to grant the renewal but for a reduced period of time. The Club Manager’s Certificate is now renewed for a period of two years. This reduced period will we hope, act as a reminder to Mr Herbert as well as other holders of similar certificates, that any incident involving liquor abuse will place such certificate at risk.

[7] For the reasons given, the certificate is renewed for two years.

DATED at WELLINGTON this 3rd day of October 2007

B M Holmes
Deputy Secretary

Desmond Herbert.doc