Herbert [2008] NZLLA 857 (25 June 2008)

Last Updated: 24 January 2012

Decision No. PH 857/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SIMON ALEXANDER ROLAND HERBERT pursuant to s.118 of the Act for a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at AUCKLAND on 17 June 2008

APPEARANCES

No appearance by or on behalf of applicant
Mr G S Whittle – NZ Police – in opposition
Ms M J McLeod – Auckland District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application pursuant to s.118 of the Act for a General Manager's Certificate by Simon Alexander Roland Herbert.

[2] The application is dated 27 March 2008. At the time of the application Mr Herbert was employed by Air New Zealand as an international flight service manager. He has obtained the Licence Controller Qualification and has satisfied the Inspector, during an interview, as to his knowledge of the Act.

[3] A conviction was declared on the application form for driving with excess breath alcohol. The date of the conviction was 4 October 2006 and the breath alcohol reading was of 514 micrograms per litre of breath. The date of offence in that case was 3 September 2006.

[4] Unfortunately the applicant incurred a second excess breath alcohol conviction. The date of the offence was 2 February 2008. The applicant was convicted on 4 June 2008, fined $750 with six months disqualification and ordered to have no interest in a motor vehicle.

[5] As the Authority has previously said in the guideline decision G L Osborne LLA 2388/95:

"Without fettering ourselves in this or other applications, it may be helpful if we indicate that we commonly look for a five year period free of any serious conviction or any conviction relating to or involving the abuse of alcohol or arising in the course of an applicant’s duty on licensed premises."

[6] In this case the applicant has incurred two alcohol related convictions within a two year period. The applicant has not appeared before us today in any event and we draw the inference that Mr Herbert is no longer interested in pursuing his application. We are not able to be satisfied as to the criteria to which we must have regard under s.121 of the Act. Accordingly the application will be declined.

DATED at WELLINGTON this 25th day of June 2008

B M Holmes
Deputy Secretary

Simon Herbert.doc(aw)