Mark, re [2008] NZLLA 53 (28 January 2008)

Last Updated: 17 February 2010

Decision No. PH 53/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SUSAN MONICA MARK 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: Dr J Horn

HEARING at WELLINGTON on 22 January 2008

APPEARANCES

No appearance by or on behalf of 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 Susan Monica Mark for a General Manager's Certificate.

[2] The application was received by the Wellington District Licensing Agency on 1 October 2007. Ms Mark is the holder of the Licence Controller Qualification. She intended to use her General Manager's Certificate at two nominated licensed premises. References from the managers/owners of the two premises were filed with the application.

[3] Ms Mark was asked whether she had been convicted of any offences and she said that she had. She wrote down the penalty that was suffered which was a disqualification from driving. Investigations by the Police revealed that there had been a total of three convictions although two were quite historical.

[4] The evidence shows that on 1 January 2007 Ms Mark was apprehended for driving with excessive breath alcohol content. She was stopped at a checkpoint at about 5.00 am. The level of alcohol in her breath gave a result of 631 micrograms of alcohol per litre of breath. At the time Ms Mark stated that she thought she would be over the limit but chose to drive at any event.

[5] Ms Mark has not had a great deal of experience in managing licensed premises. She has been a receptionist at the two proposed premises for some months.

[6] Ms Mark did not appear to support her application. It is our view that any conviction demonstrating a form of liquor abuse is to be regarded as reasonably serious. Not unnaturally, the Police have concerns about the applicant’s casual attitude towards not only drinking but drink driving. The application has not been assisted by the absence of the applicant, and any explanation that she may have been able to give.

[7] As a consequence of the applicant’s absence, the application will be declined. We note in passing that in the decision of G L Osborne LLA 2388/95, the Authority indicated that a conviction free period of two years from the isolated offending, such as this, might result in favourable consideration. Such a minimum period would show that an applicant had learned from the experience of the past and was able to apply such lessons in helping to achieve the object of the Act. The period of two years has yet to elapse since this offending. This is another reason why the application will be declined at this time.

[8] In summary therefore the applicant has failed to satisfy the criteria set out in s.121 of the Act, and the application is refused.

DATED at WELLINGTON this 28th day of January 2008

B M Holmes
Deputy Secretary

Susan Mark.doc(aw)