Rodley v Wallace [2009] NZLLA 898 (13 August 2009)

Last Updated: 25 January 2012

Decision No. PH 898/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension or cancellation of General Manager’s Certificate number 049/GM/129/2002 issued to JOHN BARRIE WALLACE

BETWEEN AMANDA MARION RODLEY
(Police Licensing Administrator of Wellington)

Applicant

AND JOHN BARRIE WALLACE

Respondent

AND

IN THE MATTER of an application by JOHN BARRIE WALLACE 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: Dr J Horn

HEARING at WELLINGTON on 3 August 2009

APPEARANCES

Sergeant J R Thurston – NZ Police – applicant and opposition to application for renewal of General Manager’s Certificate
Mr J B Wallace – respondent and applicant for renewal of General Manager’s Certificate
Mr R S Putze – Wellington District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority are two applications. The first application is for the renewal of a General Manager’s Certificate issued to John Barrie Wallace. Mr Wallace has held his certificate since 5 April 2002. The certificate fell due for renewal in the early part of 2009.

[2] On checking the application the Police discovered that Mr Wallace had a recent incident involving dangerous speed and failing to stop. The facts disclose that at about 1.15 pm on 10 March 2009 Mr Wallace was riding a motorbike on Hutt Road, Wellington. This road has a maximum speed limit of 80 kilometres per hour on a four-lane carriageway. Weather conditions were good. Mr Wallace’s speed was checked at 138 kilometres per hour. The Police alerted red and blue flashing lights and a siren, and followed him. Mr Wallace failed to slow down and continued to drive fast into the 60 kilometre per hour zone. He was seen to be weaving through traffic. Eventually another Police vehicle joined the pursuit and Mr Wallace was stopped. He said he was late for an appointment.

[3] Mr Wallace is 44 years of age. He has two historical convictions for careless driving as well as demerit points for other speeding incidents. He was charged and convicted of driving a motor vehicle at a dangerous speed as well as failing to stop when pursued. He was fined $700 with costs and disqualified from holding or obtaining a driver’s licence.

[4] In addition to their adverse report, the Police filed an application for the suspension or cancellation of the General Manager’s Certificate. The grounds for the application were that Mr Wallace’s conduct was such as to show that he was not a suitable person to hold the certificate.

[5] Mr Wallace has largely acknowledged that he did not act on this occasion with the type of responsibility and maturity that should be associated with holders of General Managers’ Certificates. He was able to produce a very positive recommendation from his employer. He works part-time in the hospitality industry, and has an unrelated permanent job. He advised that he had obtained a limited licence to enable him to continue his current employment.

[6] Mr Wallace acknowledged a particular addiction for speed. It is to be hoped that the experience of an appearance in the District Court as well as one before the Authority, will induce sufficient maturity to ensure that the type of dangerous activity that took place, is not repeated. The one meritorious aspect of his conduct is that no liquor was involved. We note that in terms of the object of the Act we are bound to exercise any discretion in a way that will promote the Act’s objective.

[7] Taking all matters into account we believe that there should be a sanction even though there was no liquor abuse issues. We have decided not to refuse to renew the manager’s certificate but to renew it for a reduced period of 18 months. This means that the certificate will fall due for renewal on 5 October 2010 in a little over 12 months time. We hope that the truncated period of renewal will act as a message to Mr Wallace about the need to be responsible if he is the holder of a certificate.

[8] Accordingly, the certificate is renewed, but for 18 months only. For the reasons given we confirm that General Manager’s Certificate number 049/GM/129/2002, issued to John Barrie Wallace, will be suspended for a period of four weeks commencing on Monday 3 August 2009.

DATED at WELLINGTON this 13th day of August 2009

B M Holmes
Deputy Secretary

John Wallace.doc(aw)