Galbraith [2008] NZLLA 643 (20 May 2008)

Last Updated: 15 May 2015

Decision No. 643/2008

IN THE MATTER of the Sale of Liquor Act 1989

_AND

IN THE MATTER of an application by JACQUELINE KATRINA GALBRAITH 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

Members: Mr P M McHaffie

Ms J D Moorhead

_{FINAL DECISION}

In decision number LLA PH 331/2007, following a public hearing at Napier on 27

March 2007, we adjourned an application by Jacqueline Katrina Galbraith for a

General Manager’s Certificate.

The Police and District Licensing Agency Inspector had opposed the application on the basis of convictions for driving with excess breath alcohol and subsequently driving while disqualified. There was also an incident which led to Ms Galbraith’s arrest for breach of the peace although no charges ensued on that occasion. The situation was further compounded by the fact that the applicant was not employed in licensed premises although she did have prior experience.

We elected to adjourn the matter to establish a reasonable offence-free period and to give Ms Galbraith an opportunity to seek employment in the licensed trade.

The Police and Agency Inspector have advised our Secretary that there have been no further matters of concern brought to their attention during the period of adjournment, and opposition to the application is now withdrawn. Furthermore, Ms Galbraith has provided a letter from her employer confirming that she is engaged full time in licensed premises and the ability to be able to appoint her in a managerial capacity will be advantageous for the licensee.

We are satisfied as to the matters to which we must have regard in s.121(1) of the

Act and we grant the application. The certificate may issue immediately.

_{DATED at WELLINGTON this 20th day of May 2008}

B M Holmes

Deputy Secretary

Jacqueline Galbraith.doc(ab)