Tahere-Manconi, re [2009] NZLLA 247 (18 March 2009)

New Zealand Liquor Licensing Authority

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Tahere-Manconi, re [2009] NZLLA 247 (18 March 2009)

Last Updated: 6 March 2010

Decision No. PH 247/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ROSANNA TAHERE-MANCONI pursuant to s.123 of the Act for renewal of a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr P M McHaffie

HEARING at HAMILTON on 3 March 2009

APPEARANCES

Miss R Tahere-Manconi – applicant
Sergeant J R Dalziell-Kernohan – NZ Police – in opposition
Mr T Van Der Heijden – Hamilton District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Rosanna Tahere-Manconi for renewal of her General Manager’s Certificate. Miss Tahere-Manconi was granted her certificate on 18 July 2007. This was shortly after she had turned 18 years of age. Miss Tahere-Manconi has used her manager's certificate in assisting with the running of a family restaurant, as well as other licensed premises. According to the Inspector she has achieved an impressive degree of responsibility.

[2] The application for renewal required Miss Tahere-Manconi to disclose that there had been an incident on 20 April 2008. Miss Tahere-Manconi was stopped at a checkpoint operation at 4.18 am. An evidential breath test resulted in a level of 250 micrograms of alcohol per litre of breath. Because Miss Tahere-Manconi was under the age of 20 at the time, she was over the level appropriate to a person of that age. She was duly taken before the District Court and convicted and fined and disqualified for a period of three months. Not unnaturally an objection to the renewal has followed.

[3] Miss Tahere-Manconi has appeared before us and explained the impact of the conviction on her and her family. It seems clear that the incident has resulted in her altering her drinking habits. It is likely that the experience will change the way she operates as a duty manager.

[4] The issue to some extent, was aggravated by the fact that the incident took place during Miss Tahere-Manconi's probationary year. On the other hand it would be unreasonable to refuse the application given all the circumstances. We have decided that the application will be granted but the certificate will be renewed for a reduced period. That period is 18 months which means that the certificate will again fall due on 18 January 2010 in a little under 12 months time. This extra ‘probationary’ year will, we hope, be a sufficient reminder both to the applicant and to other holders that it is a privilege to hold the certificate, and that the certificate carries with it certain responsibilities. Any incident involving liquor abuse is likely to place the certificate at risk.

[5] The application is granted accordingly.

DATED at WELLINGTON this 18th day of March 2009

B M Holmes
Deputy Secretary

Rosanna Tahere-Manconi.doc(aw)