Wright and Hall v Healy [2008] NZLLA 1166 (18 August 2008)

New Zealand Liquor Licensing Authority

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Wright and Hall v Healy [2008] NZLLA 1166 (18 August 2008)

Last Updated: 5 February 2010

Decision No. PH 1166/2008

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 of General Manager's Certificate number 033/GM/648/2004 issued to CUSHLA ANN HEALY

BETWEEN MERYN ANNE WRIGHT

(Police Officer of New Plymouth)

AND TONIA ANNE HALL

(New Plymouth District Licensing Agency Inspector)

Applicants

AND CUSHLA ANN HEALY

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at NEW PLYMOUTH on 4 August 2008

APPEARANCES

Constable M A Wright – NZ Police – applicant
Ms T A Hall – New Plymouth District Licensing Agency Inspector – applicant
Ms C A Healy – respondent

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application brought by the Police and the District Licensing Agency Inspector for the suspension of a General Manager's Certificate issued to Cushla Ann Healy. Ms Healy has held her certificate since 2004. The application was based on the ground that Ms Healy's conduct has been such as to show a lack of suitability to hold the certificate.

[2] The evidence showed that Ms Healy was apprehended on 8 February 2008 for driving with excess breath alcohol content. The level was 684 micrograms of alcohol per litre of breath. Ms Healy was convicted and fined and disqualified later that month.

[3] The offending was to some extent aggravated by a previous conviction in 2002 for similar offending when Ms Healy had an excess blood alcohol content of 148 milligrams of alcohol per 100 millilitres of blood.

[4] Ms Healy has duly appeared. She is well able to make the connection between the object of the Act and her personal behaviour. She stated that she had not intended to drive but had heard of personal issues involving a member of her family and had immediately decided to drive to resolve the issue. As the Police have pointed out the expectation is that people holding a manager's certificate and working in licensed premises will actively promote and enforce the requirements of the Act. It is expected that they will be of good character and set an example to others particularly when it comes to the responsible and lawful consumption of liquor.

[5] As was pointed out in the decision of Jason Peter Loye v Makoto Tokuyama LLA PH 285-286/2006:

"The applications are before the Authority as part of the continual process for attempting to raise the standards of those charged with the responsibility of managing licensed premises. The expectation is that they will not only ensure the safety of their patrons but set standards higher than would normally be expected for any other form of employment. It is our expectation that all holders of General Manager's Certificates will appreciate that a conviction involving the abuse of liquor is not only contrary to the provisions and objectives of the Act but will place the holding of a General Manager's Certificate at risk."

[6] The decision in the light of those matters is that the grounds for the application have been established. We believe it is desirable to make an order and we confirm that General Manager's Certificate number 033/GM/648/2004 issued to Cushla Ann Healy will be suspended for a period of four weeks commencing on Monday 4 August 2008.

DATED at WELLINGTON this 18th day of August 2008

B M Holmes
Deputy Secretary

Cushla Healy.doc(aw)