Murphy, re [2008] NZLLA 1767 (17 December 2008)

Last Updated: 12 February 2010

Decision No. PH 1767/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JOSEPH RICHARD MURPHY 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 WELLINGTON on 21 November 2008

APPEARANCES

Mr J R Murphy – applicant
Sergeant C A Marner – NZ Police – in opposition
Mr R S Putze – Wellington District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Joseph Richard Murphy for the renewal of his General Manager's Certificate. Mr Murphy has held his certificate since 2000. The criteria for renewal are set out in s.126 of the Act as follows:

(a) The character and reputation of the applicant;

(b) Any convictions recorded against the applicant since the certificate was issued or last renewed;

(c) The manner in which the manager has managed the sale and supply of liquor pursuant to the licence, with the aim of contributing to the reduction of liquor abuse;

(d) Any matters dealt with in any report made under s.124 of the Act.

[2] The application received an adverse report because Mr Murphy failed to supply a Licence Controller Qualification. This document has subsequently been received and opposition from the Inspector has been withdrawn.

[3] Mr Murphy regrettably failed to disclose convictions that had occurred in 2005 during the period under consideration. He was asked by the Police why he had failed to disclose the convictions. However there was a breakdown in communication and the Police never received a response.

[4] Mr Murphy has now indicated that there were some stressful matters happening at the time. He was in a hurry when he completed the form. He very much regrets not disclosing the conviction but says that he had no intention of misleading either the Agency or the Authority.

[5] The convictions themselves are of some concern. Mr Murphy was found on private premises at about 5.30 am of 25 September 2005. He had been drinking to the extent that he had difficulty in realising why he was on this private property. He was about two doors away from where he was supposed to be. He was taken before the Courts in respect of a charge of wilful damage and being unlawfully in an enclosed yard and was fined and disqualified.

[6] The position is that on the renewal of a certificate we only have two options. We can either grant the renewal or refuse it. We are satisfied that in view of the explanation, it would be unreasonable to refuse the application. Therefore we propose to grant it but for two years only. This means that the certificate will fall due again for renewal on 12 December 2009, in a little over 12 months time. We hope that this further ‘probationary’ year will serve as a reminder to Mr Murphy, if not holders of other certificates, that any offending involving liquor abuse is likely to place a certificate at risk.

[7] The application is granted on those terms.

DATED at WELLINGTON this 17th day of December 2008

B M Holmes
Deputy Secretary

Joseph Murphy.doc(aw)