Van Grinsven, re [2008] NZLLA 1675 (4 December 2008)

Last Updated: 11 February 2010

Decision No. PH 1675/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JESS ROLAND VAN GRINSVEN pursuant to s.118 of the Act for a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at TAUMARUNUI on 19 November 2008

APPEARANCES

Mr R W Murphy – agent for applicant
Mrs L Jones – Ruapehu District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Jess Roland Van Grinsven for a General Manager's Certificate. Mr Van Grinsven had already held a certificate which fell due for renewal on 10 February 2008. Due to circumstances which have been explained by Mr Van Grinsven the application for renewal was out of time, and a fresh application was received by the Ruapehu District Council on 28 February 2008.

[2] In his application Mr Van Grinsven disclosed a conviction for driving with excess breath alcohol content. Mr Van Grinsven was convicted in respect of this charge in November 2006. He was fined a total of $800 and disqualified from holding or obtaining a driver's licence for a period of six months.

[3] Mr Van Grinsven fulfils most of the criteria set out in s.121 of the Act. He is the holder of the Licence Controller Qualification. He has been in the hospitality industry for just under 10 years. He has good work references and was well able to make the connection between his own personal behaviour and achieving the object of the Act. It seems to us, having heard from Mr Van Grinsven, that he has learned from the experience of the conviction and resultant loss of licence. The incident has heightened his awareness of how liquor can affect people, and jeopardise their lives.

[4] It is clear that in this case the application has been overtaken by time in that it is now two years since the conviction was entered. A two year stand-down period is the suggested guideline in the decision of G L Osborne LLA 2388/95. Because Mr Van Grinsven fulfils all the other criteria, and taking into account that he has placed his affairs in the hands of a licensing consultant to ensure that there are no further hiccups in relation to renewals, we have no hesitation in now granting the application.

DATED at WELLINGTON this 4th day of December 2008

B M Holmes
Deputy Secretary

Jess Van Grinsven.doc(aw)