McAuley [2009] NZLLA 1075 (23 September 2009)

Last Updated: 28 January 2012

Decision No. PH 1075/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of a resumption of a hearing of an application by LINDA MARGARET McAULEY 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 UPPER HUTT on 11 September 2009

APPEARANCES

Ms L M McAuley – applicant
Mr J Pepper – Hutt City District Licensing Agency Inspector – in opposition
Sergeant A L Smith – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is the resumption of a hearing of an application by Linda Margaret McAuley for a General Manager’s Certificate.

[2] The application was first heard before us on 22 July last year (see LLA PH 1126/2008). That decision recorded that Ms McAuley has previously held a General Manager’s Certificate but lost her certificate when she was no longer employed in the hospitality industry. She had since obtained employment and a certificate was going to be of value to her employer.

[3] There was opposition from the Police based on three relevant convictions for driving with excess breath alcohol content. The dates of the offending were 9 April 2001 (709 micrograms of alcohol per litre of breath), 4 September 2003 (521 micrograms of alcohol per litre of breath) and 2 April 2006 (930 micrograms of alcohol per litre of breath).

[4] The decision recounts the fact that on the last occasion, Ms McAuley’s licence had been taken from her for an indefinite period and that she was required to attend an Alcohol and Drug Assessment Centre. She has since attended the counselling and has had her licence restored to her. Nevertheless, and by way of caution, we decided that the application would not be granted at that time. Instead we decided that the application would be adjourned for 12 months. This would mean that some three and a half years would have elapsed from the date of the last offence. We thought that this was a sufficient period for Ms McAuley to establish her suitability to be the holder of the certificate, which we indicated would be tied to the premises where she worked.

[5] Twelve months or more have now elapsed and there has been no further concern. Circumstances however, have changed in the interim. The premises where Ms McAuley was working as a receptionist/bar person, were sold. On the other hand the owner has concentrated her efforts on the second business carrying the same name which is based in Lower Hutt. The licensee has produced a reference confirming the support to Ms McAuley. She regretted that she was unable to be present.

[6] The Police raised two matters that occurred in January and May 2007, one of which resulted in a conviction for intentional damage. Ms McAuley has explained the circumstances that led to her behaviour on that occasion. It is fair to say that she presented well and was motivated. We think that the time has arrived for her to step up in terms of responsibility. We believe that a grant is appropriate, bearing in mind that the initial period for the use of this certificate will be 12 months.

[7] We confirm that Ms McAuley has undertaken that if granted the certificate it will be used only at licensed premises known as “Paris” situated in Lower Hutt. The certificate will have on it the words “Undertaking given” as a warning to potential employers. Should Ms McAuley wish to use the certificate in any other licensed premises then she will need to apply to the Licensing Inspector for an exemption from the undertaking. If necessary she can apply to us.

[8] On that basis we therefore confirm that we are satisfied as to the criteria set out in s.121 of the Act, and the application is now granted.

DATED at WELLINGTON this 23rd day of September 2009

B M Holmes
Deputy Secretary

Linda McAuley.doc(jeh)