Elvin, re [2008] NZLLA 394 (12 March 2008)

Last Updated: 5 April 2010

Decision No. PH 394/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by BETTY PUTIPUTI ELVIN 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: Ms J D Moorhead

HEARING at ROTORUA on 29 February 2008

APPEARANCES

No appearance by or on behalf of applicant
Ms J A Smale – Rotorua District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Betty Putiputi Elvin for a General Manager's Certificate.

[2] The application was filed with the Rotorua District Licensing Agency on 7 September 2007. It was supported by the Licence Controller Qualification and confirmation that the applicant had worked as an assistant duty manager in licensed premises in Rotorua, and was about to take up a full time position as a duty manager.

[3] The Police report indicated that the applicant had two convictions for offending in August 2005. The incident involved failing to stop and careless driving for which disqualification and reparation were imposed in the Tauranga District Court. The Police report also indicated that the applicant's driving history indicated that for two years she drove as a learner without being accompanied. Ms Elvin had acquired 190 demerit points over a three-year period between 2003 and 2006. She was suspended from driving for three months. Three months later she offended in the way described above.

[4] While the incidents indicate a difficulty in complying with the law, the Police did not oppose the application because it was felt that the employers would be required to monitor her compliance with the Act. The District Licensing Agency Inspector was not quite so generous. She recommended that the matter be heard by the Authority on the grounds of suitability, based on the convictions as well as the applicant's age.

[5] The Inspector indicated that the matter could be dealt with on the papers or by public hearing as the Authority saw fit. It was pointed out that the applicant's knowledge of the Act was excellent.

[6] In the event Ms Elvin did not appear in support of her application. No explanation was given for her non-appearance. Therefore it is unclear whether she is currently working in the industry and requires a certificate. In those circumstances the reasonable inference to draw is that she is no longer interested in pursuing her application. At any event she has been unable to establish her suitability or give an explanation for the matters that had occurred previously. There is no current proof that she is working in the industry.

[7] In all those circumstances the application is now declined.

DATED at WELLINGTON this 12TH day of March 2008

B M Holmes
Deputy Secretary

Betty Elvin.doc(aw)