Ivancic, re [2009] NZLLA 373 (8 April 2009)

New Zealand Liquor Licensing Authority

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

---

Ivancic, re [2009] NZLLA 373 (8 April 2009)

Last Updated: 2 April 2010

Decision No. PH 373/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by DOMINIC MARCUS IVANCIC 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: Dr J Horn

HEARING at WELLINGTON on 30 March 2009

APPEARANCES

Mr D M Ivancic – applicant
Acting Sergeant S M Cavanagh – NZ Police – in opposition
Mr R S Putze – Wellington District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Dominic Marcus Ivancic for a General Manager’s Certificate. The application was filed with the District Licensing Agency in December 2008. At the time Mr Ivancic was employed at licensed premises on Queens Wharf. His application was fully supported by his employer. He is the holder of the Licence Controller Qualification. Mr Ivancic was duly interviewed by an Inspector and found to have a good knowledge of the Act.

[2] In his application form he was asked whether he had any experience, in particular recent experience, in managing licensed premises. This is one of the criteria set out in s.121 of the Act. He indicated that he had no such experience but it now appears that he had misread the question.

[3] In giving evidence Mr Ivancic stated that he has been trained by certificated managers since October of last year, enabling him to take on a more responsible role. He has in fact worked as a manager of the premises two or three times a week for some five months.

[4] However, it was not just the misunderstanding about experience that drew an adverse report from the Police. Mr Ivancic was involved with a breach of the liquor ban in Wellington on or about 19 May 2007. He had been drinking and on that occasion was described as intoxicated. He had liquor with him. When confronted with the fact that he was in a liquor ban area he apologised.

[5] He was taken before the District Court but was granted diversion so there is no conviction recorded against him. The Police have referred to the guideline decision of G L Osborne LLA 2388/95 which indicates:

"Without fettering ourselves in this or other applications, it may be helpful if we indicate that we commonly look for a five year period free of any serious conviction or any conviction relating to or involving the abuse of alcohol or arising in the course of an applicant’s duty on licensed premises."

“Less serious convictions are also weighed. By way of example is an isolated excess breath or blood alcohol conviction or a single driving offence disclosing no pattern of offending. Nevertheless all convictions must be weighed as required by s.121(1)(b). In these and similar cases we frequently indicate that a minimum of two years from the date of conviction may result in subsequent favourable consideration providing suitable reports from both the Police and a Licensing Inspector are received.”

[6] In light of the fact that this offending did not result in a conviction it is appropriate to look at a lesser period of time. At any event it is now nearly two years since the incident.

[7] As far as experience is concerned that has been dealt with. It is true that there are some ownership problems with the licensed premises where he works. However, in our view Mr Ivancic has displayed sufficient knowledge of the Act and sufficient ability for us to be able to give him the opportunity of stepping up in terms of responsibility under the Act.

[8] Accordingly and for the reasons stated the application is now granted.

DATED at WELLINGTON this 8th day of April 2009

B M Holmes
Deputy Secretary

Dominic Ivancic.doc(aw)