Feulufai, re [2009] NZLLA 254 (19 March 2009)

New Zealand Liquor Licensing Authority

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Feulufai, re [2009] NZLLA 254 (19 March 2009)

Last Updated: 7 March 2010

Decision No. PH 254/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by FOLO FEULUFAI 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: 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] This is an application by Folo Feulufai for a General Manager’s Certificate. It is noted that Ms Feulufai was granted a certificate at a public hearing on 18 April 2007 (see LLA PH 383/2007). The certificate itself was dated 30 April 2007.

[2] It appears that Ms Feulufai neglected to apply to renew her certificate and was required to file a fresh application. This was received by the Hamilton District Licensing Agency on 8 May 2008.

[3] At the time of the application Ms Feulufai had been apprehended for a charge of driving with excess breath alcohol, but the matter had not been determined by the District Court. She disclosed two previous but historical convictions.

[4] That latest incident was dealt with on 20 November 2008. Ms Feulufai was convicted and fined but there was no disqualification. The level of the fine is considerably lower than which might normally be expected for a person who had a level of 687 micrograms of alcohol per litre of breath.

[5] Because of the opposition, the matter was set down for a public hearing. We understand that Ms Feulufai arranged for a babysitter but at the last moment was let down. She rang the Authority in Wellington as well as the Inspector to say that she was not able to be present. She is entitled to have the matter heard at a later date. However, she may like to take into account what would be our normal approach to this matter. We make our comments bearing in mind that we have not heard her explanation. It may be that what she has to say is important, given the penalty that was imposed by the District Court.

[6] Isolated drink driving convictions normally result in a two-year stand-down period. This is the period of time during which we require applicants to show that they have been conviction and incident free. In this way they have a better chance of establishing that they have learned from their mistakes, and are able to apply that knowledge in a more prosocial way.

[7] Our normal policy would be to adjourn the application for 12 months, and to suggest that Ms Feulufai be employed as a temporary or acting manager in the last three months of the adjourned period, that is from early December 2009 on. We would then call for reports. If there were no adverse reports then we would grant the application on the papers without any further public hearing.

[8] On the other hand through no fault of her own, Ms Feulufai has been unable to appear. If she would like to attend a public hearing before us so that she can explain what has happened, then she only need advise the Inspector and a further hearing will be arranged later in the year.

[9] The application is adjourned for 12 months on the basis that reports will be called for and the application granted if there are no further adverse reports as stated above. However this decision is subject to the right of the applicant to apply for an earlier hearing.

DATED at WELLINGTON this 19th day of March 2009

B M Holmes
Deputy Secretary

Folo Feulufai.doc(aw)