Ruru, re [2008] NZLLA 6 (10 January 2008)

Last Updated: 14 February 2010

Decision No. PH 6/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ALICIA TE KUIKA RURU 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 AUCKLAND on 18 December 2007

APPEARANCES

Ms A T Ruru – applicant
Sergeant D P Grace – NZ Police – in opposition
Mr D W Sara – Rodney District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Alicia Te Kuika Ruru for the renewal of her General Manager's Certificate. Ms Ruru's certificate was originally granted in 1997. The certificate fell due for further renewal on 12 August 2007.

[2] When she filed her application Ms Ruru disclosed that in the previous three years she had been convicted of driving with excess breath alcohol content.

[3] The evidence shows that she was apprehended on 7 February 2005. Her breath alcohol content was 682 micrograms of alcohol per litre of breath. In the same month, Ms Ruru was convicted in the North Shore District Court and fined and disqualified. This was her first offence. As the Inspector has pointed out there was no application for the suspension of her certificate. Because of the disclosure the application for renewal not unnaturally drew an adverse report from the monitoring agencies.

[4] Ms Ruru has appeared before us to explain how the incident occurred. She is currently the bar manager of licensed premises in Red Beach known as "Merloz Bar and Brasserie". There are no issues about the premises. Ms Ruru was easily able to make the connection between her personal conduct and the object of the Act, as well as her responsibility as the holder of a certificate.

[5] In the circumstances to refuse the application would in our view be an unreasonable response to what has happened. We think a reduced period of renewal might well be appropriate. Hopefully this will send a lesson not just to Ms Ruru but to the holders of other certificates, that convictions involving liquor abuse will place certificates at risk.

[6] Currently Ms Ruru is about to sit the transition test in order to obtain the Licence Controller Qualification. Any order that we make will be subject to a production of a copy of that qualification to the Agency. No certificate can be renewed absent such a qualification.

[7] The decision of the Authority therefore is that, subject to the production of the appropriate Licence Controller Qualification, the General Manager's Certificate will be renewed for a period of 18 months. This means that it will fall due again on 12 February 2009, in a little over 12 months time, thus giving Ms Ruru the opportunity to show that the lessons from the mistakes of the past have been well and truly learned.

[8] The application is renewed accordingly but subject to the production of the required qualification.

DATED at WELLINGTON this 10th day of January 2008

B M Holmes
Deputy Secretary