Reid [2009] NZLLA 1292 (20 November 2009)

Last Updated: 29 January 2012

Decision No.PH 1292/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by RACHEL CHRISTINA REID pursuant to s.118 of the Act for a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

HEARING at AUCKLAND on 28 October 2009

APPEARANCES

No appearance by or on behalf of applicant
Sergeant J P Loye – NZ Police – in opposition
Mr A C Phillips – Auckland District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Rachel Christina Reid for a General Manager’s Certificate.

[2] The applicant filed her application with the Auckland District Licensing Agency on 29 April 2009. The applicant is the holder of the Licence Controller Qualification, which was issued on 11 December 2008.

[3] The criteria to which we must have regard in determining such an application are set out in s.121 of the Act as follows:

(a) The character and reputation of the applicant:

(b) Any convictions recorded against the applicant:

(c) Any experience, in particular recent experience, that the applicant has had in controlling any premises or conveyance in respect of which a licence was in force:
(d) Any relevant training, in particular recent training, that the applicant has undertaken and evidence that the applicant holds the prescribed qualification required under section 117A:
(e) Any matters dealt with in any report made under section 119.

[4] There was no opposition to the grant of the certificate by the District Licensing Agency Inspector however the Police opposed the application based on a recent incident.

[5] Sergeant Jason Peter Loye, who is currently appointed as the Alcohol Harm Reduction Co-ordinator for the Auckland City West Policing area, advised that as part of the vetting process checks were carried out in respect of this applicant. It was established that the applicant had appeared in the Auckland District Court on 19 May 2009 on a charge of driving with excess breath alcohol. This related to an incident in the early hours of Thursday 2 October 2008 when it was reported by Ms Reid’s neighbour that the vehicle driven by Ms Reid had crashed into her parked car at the address where they both lived. Police attended and upon speaking with Ms Reid she showed signs of recent alcohol intake by having bloodshot eyes, slurring her words and smelling strongly of alcohol.

[6] Breath testing procedures were carried out and Ms Reid’s breath was found to contain 890 micrograms of alcohol per litre of breath. Ms Reid admitted the facts as outlined and in an explanation stated that she had been drinking alcohol and had driven some friends home who were also intoxicated. Ms Reid subsequently was charged with driving with excess breath alcohol, she pleaded ‘not guilty’ and subsequent hearing dates were set. On the date of the hearing Police withdrew the charge as the neighbour witness was now living elsewhere and was not willing to return to Auckland to give evidence.

[7] In light of the circumstances the application was forwarded to the Authority for determination at a public hearing. There was no appearance by the applicant before the Authority an0d the assumption is that the applicant is no longer interested in pursuing her application. As a consequence the application is now refused.

DATED at WELLINGTON this 20TH day of November 2009

B M Holmes
Deputy Secretary

Rachel Reid.doc(jeh)