McKinnon, re [2009] NZLLA 174 (27 February 2009)

Last Updated: 28 January 2010

Decision No. PH 174/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by TREVOR MELVIN McKINNON 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: Ms J D Moorhead

HEARING at WELLINGTON on 23 February 2009

APPEARANCES

Mr T M McKinnon – applicant
Mr R S Putze – Wellington District Licensing Agency Inspector – in opposition
Acting Sergeant S M Cavanagh – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is the resumption of a hearing in respect of an application by Trevor Melvin McKinnon for a General Manager’s Certificate.

[2] Mr McKinnon first came before us on 23 January 2008. He is the holder of the Licence Controller Qualification. He has experience in controlling licensed premises in that he has been a skipper of a ferry since October 2006. He produced a reference that stated that he was regarded as a competent skipper who had the respect of both the travelling public and his crew.

[3] Mr McKinnon filed his application in October 2007. There had been opposition based on relevant convictions. The four convictions related to domestic violence. In our decision, LLA PH 55/2008, it appears that the last Court appearance was in 2000, although there was a further incident in 2006. We decided that it was too soon for the application to be granted bearing in mind our policy of keeping managers’ standards high. We said that the application would be adjourned for a period of 12 months and there would be a further public hearing in January 2009. We said that we wanted to hear from Mr McKinnon as to what steps he had taken to address what had happened in the past. We explained that the issue was his personal stability. We also suggested that from time to time he might be appointed as a temporary or acting manager of the vessel.

[4] Both the Police and the District Licensing Agency Inspector have reported that in the last 12 months Mr McKinnon had not come to their attention at all. Mr McKinnon explained that he was disappointed not to receive his certificate at the earlier hearing. He says that he has learned how to deal with both the consumption of alcohol and its consequences, and to control his behaviour. He explained that much of his learning process has come from his training to obtain his Licence Controller Qualification. He said that his children and their families are no longer in the house which consequently was much more stable. Mr McKinnon advised that from time to time he has been appointed as a temporary manager, giving him responsibility for ensuring the safety and comfort of those on the vessel. There have been no problems at all during his stewardship as a manager of the vessel.

[5] In all the circumstances we have decided that it is time for Mr McKinnon to step up in the industry. Accordingly the application will now be granted.

DATED at WELLINGTON this 27th day of February 2009

B M Holmes
Deputy Secretary

TrevorMcKinnon.doc(jeh)