Rudolph, re [2009] NZLLA 256 (19 March 2009)

New Zealand Liquor Licensing Authority

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Rudolph, re [2009] NZLLA 256 (19 March 2009)

Last Updated: 7 March 2010

Decision No. PH 256/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by RANAI BERNADETTE RUDOLPH 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 AUCKLAND on 5 March 2009

APPEARANCES

Miss R B Rudolph – applicant
Mr P A Radich – Manukau District Licensing Agency Inspector – in opposition
Constable C D Lally – NZ Police – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Ranai Bernadette Rudolph for a General Manager’s Certificate. The application was filed with the Manukau District Licensing Agency on 31 March 2008.

[2] Miss Rudolph indicated at the time that she wished to use her certificate at the "Papatoetoe Cosmopolitan Club". She had a letter of support indicating that she had been working at the club since 2004.

[3] The application drew an adverse report from the Police based on a disclosed conviction for driving with excess breath alcohol content. The facts show that on Friday 5 October 2007, Miss Rudolph was stopped due to the manner of her driving. She exhibited signs of recent alcohol intake. A breath alcohol test resulted in a level of 683 micrograms of alcohol per litre of breath. Miss Rudolph was taken before the District Court and was convicted and fined and disqualified.

[4] This is her only offence. In terms of the guideline decisions of the Authority applicants are asked to see out a conviction-free period of a minimum of two years from the date of the offence. In this way they can establish that they have learned from previous mistakes and can now apply that experience in a more prosocial way. There is still some time to elapse before Miss Rudolph can truly say that there has been a conviction-free period of two years.

[5] The other matters which prevents us granting the application at this time is that requests were made for Miss Rudolph to attend for an interview with the Inspector. All Inspectors are asked to report on each application. They can only do so if they can complete an interview and comment on the applicant's knowledge and understanding of the Act.

[6] Miss Rudolph failed to attend the interview on three occasions. It could well be that she did not receive notification in view of the fact that the notifications were sent to the club.

[7] This lead to the third issue that Miss Rudolph was no longer working at the club. Miss Rudolph stated that she is currently unemployed. On the other hand she contended that she has been offered a duty manager role on a part time basis at her local tavern.

[8] The final matter relates the Licence Controller Qualification. Miss Rudolph has failed to produce a copy of this qualification. She believes that she has the original document.

[9] In those circumstances we propose not to decline the application at this time but to give Miss Rudolph the opportunity to see whether it is possible for her to obtain the qualification and attend to other outstanding requirements. The application is adjourned for six months. During the period of six months it is anticipated that Miss Rudolph will attend for an interview with the Inspector and produce a copy of the Licence Controller Qualification.

[10] The third matter may be more difficult for her. She has to obtain not only employment in the industry, but the unconditional support of an employer who is prepared to trust her with the control of the premises.

[11] After a period of six months we will call for further reports. If Miss Rudolph can establish to the Inspector that she has current employment in the industry and the support of an employer, then it is possible that we may be able to grant the application on the papers. It is also possible that we may require Miss Rudolph to complete a further three months by way of being a temporary manager before the application is granted.

[12] Those are matters for the future. In the meantime the application is adjourned on the above terms.

DATED at WELLINGTON this 19th day of March 2009

B M Holmes
Deputy Secretary

Ranai Rudolph.doc(aw)