Ereckson v Mitchell [2008] NZLLA 1292 (8 September 2008)

New Zealand Liquor Licensing Authority

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Ereckson v Mitchell [2008] NZLLA 1292 (8 September 2008)

Last Updated: 7 February 2010

Decision No. PH 1292-1293/2008

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 067/GM/MC702/2006 issued to ANDREA JANICE MITCHELL

BETWEEN STEPHEN KENNETH ERECKSON

(Police Officer of Cromwell)

Applicant

AND ANDREA JANICE MITCHELL

Respondent

AND

IN THE MATTER of an application by ANDREA JANICE MITCHELL pursuant to s.123 of the Act for renewal of a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at QUEENSTOWN on 27 August 2008

APPEARANCES

Miss A J Mitchell – respondent and applicant for renewal of General Manager’s Certificate
Sergeant K P Newell – NZ Police – applicant
Ms T J Surrey – for Central Otago District Licensing Agency Inspector – in opposition to application for renewal of General Manager’s Certificate

ORAL DECISION OF THE AUTHORITY

[1] There are two applications before the Authority for consideration. The first is an application by Andrea Janice Mitchell for the renewal of her General Manager’s Certificate.

[2] The certificate was granted to Miss Mitchell on 2 November 2006. When she applied for renewal, Miss Mitchell disclosed that she had received a conviction during the ‘probationary’ year for driving after consuming liquor. That disclosure resulted in adverse reports being received in respect of the application, as well as a separate application for the suspension of the manager’s certificate. The ground for the application was that Miss Mitchell’s conduct had been such as to show that she was not suitable to hold a certificate.

[3] The evidence is that Miss Mitchell was apprehended on 19 July 2007. She had a blood alcohol level of 199 milligrams of alcohol per 100 millitres of blood. It goes without saying that this was a high level of alcohol in the blood. It is clear that the subsequent conviction came as a wakeup call for Miss Mitchell. She was duly convicted and fined, and order to pay other costs, and disqualified for six months.

[4] Miss Mitchell took it upon herself to take a number of counselling sessions, in view of the fact that she was in an industry where there was a degree of temptation. With the assistance of her counsellor, she was able to identify a number of strategies to help her in the future. We received a copy of the counsellor’s report indicating that Miss Mitchell presented as an enthusiastic person who was dedicated to her work.

[5] At the commencement of the hearing the Sergeant confirmed that he had spoken with the licensing Sergeant based in Cromwell. It was indicated that there had been a voluntary standdown period. When giving evidence, Miss Mitchell said that she was suspended by her employer as a consequence of the incident. After speaking with the licensing Sergeant in Cromwell she decided that she would continue with the voluntary suspension of her certificate. It is clear that over a period of time she has not been called upon to use her certificate.

[6] Miss Mitchell was anxious, if at all possible, to retain the right to have sole control of licensed premises. On the one hand we have considered the high level of alcohol in the blood, together with the fact that the incident occurred during the first probationary year. On the other hand, Miss Mitchell has taken self-responsibility for the incident. She has seen out a period of voluntary suspension of her certificate, well in excess of any order that we would have made.

[7] Having heard from Miss Mitchell we are satisfied that the message has got well and truly home. We see no further need to order any further sanction. Accordingly, the application for the suspension of the General Manager’s Certificate is declined. We had in mind truncating the period of renewal. However, in the light of the voluntary restraint shown by Miss Mitchell in not using her certificate for the best part of a year, we have decided that her manager’s certificate will be renewed for the normal three-year period. This means that it will next fall due for renewal on 2 November 2010.

DATED at WELLINGTON this 8th day of September 2008

B M Holmes
Deputy Secretary