Williams, re [2009] NZLLA 252 (19 March 2009)

New Zealand Liquor Licensing Authority

[Index] [Search] [Download] [Help]

---

Williams, re [2009] NZLLA 252 (19 March 2009)

Last Updated: 6 March 2010

Decision No. PH 252/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by MICHELLE LISA WILLIAMS pursuant s.118 of the Act for 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

No appearance by or on behalf of 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 Michelle Lisa Williams pursuant to s.118 of the Act for a General Manager’s Certificate. The applicant is the holder of the Licence Controller Qualification and her application was filed on 8 August 2008.

[2] There was Police opposition to the granting of the certificate on the grounds the applicant had been arrested in February 2006 on four charges of theft and one charge of possession of utensils namely a pipe.

[3] As a result of the offending the applicant was offered diversion which she completed and the charges were withdrawn. Diversion is a Police initiative to give people a second opportunity. The reason behind the Police decision is that people will have the best intentions not to get back into trouble. However, it is only by the passage of time, when they can show that they have not been in trouble, that they are able to give integrity to that intention.

[4] There are a large number of holders of certificates throughout the country. By and large we have attempted to keep the standards reasonably high in order to try and achieve the object of the Act.

[5] Had the applicant appeared before the Authority, had employment within the industry and was supported by an employer and there may have been an opportunity to grant the certificate. However, the applicant did not appear before the Authority and the only inference can be that she does not wish to pursue her application. There is no opportunity for evidence to show that she was in employment and supported by an employer.

[6] The assumption is therefore that the applicant is no longer interested in pursuing her application and as a consequence the application is now refused.

DATED at WELLINGTON this 19th day of March 2009

B M Holmes
Deputy Secretary

Michelle Williams.doc(aw)