Bertrand [2009] NZLLA 933 (14 August 2009)

Last Updated: 26 January 2012

Decision No. PH 933/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ARNAUD BERTRAND pursuant to s.123 of the Act for renewal of a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at AUCKLAND on 29 July 2009

APPEARANCES

No appearance by or on behalf of applicant
Sergeant C D Lally – NZ Police – in opposition
Ms M J McLeod – Auckland District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application for the renewal of a General Manager’s Certificate issued to Arnaud Bertrand. The certificate was due to expire on 15 September 2008. The application for renewal was made within time and filed with the Auckland District Licensing Agency on 12 September 2008.

[2] There was Police opposition to the renewal of the certificate pending the outcome of a Court hearing, concerning Mr Bertrand, on 14 October 2008. Due to the nature of the opposition the file was placed on hold at the Auckland District Licensing Agency. A further Police report was received on 16 December 2008 indicating that the applicant had been convicted of driving with an excess breath alcohol level at the Auckland District Court on 5 December 2008.

[3] The evidence shows that Mr Bertrand was driving on Kohimarama Road, Auckland when he was stopped by Police and breath test procedures were carried out. He was found to have a level of 978 micrograms of alcohol per litre of breath. This is over double the legal breath alcohol level of 400 micrograms of alcohol per litre of breath. The applicant was fined $635, ordered to pay Court costs of $130 and disqualified from driving for six months.

[4] The matters that we must take into account in determining a renewal application are set out in s.126 of the Act as follows:

(a) The character and reputation of the applicant;

(b) Any convictions recorded against the applicant since the certificate was issued or last renewed;

(c) The manner in which the manager has managed the sale and supply of liquor pursuant to the licence, with the aim of contributing to the reduction of liquor abuse;

(d) Any matters dealt with in any report made under s.124 of the Act.

[5] There has been no appearance by Mr Bertrand to explain the incident or support his application. We note in this regard that the letters sent by the Authority’s secretariat to his last known address given on the application form have been returned to sender, marked “not at this address”. It is not clear whether Mr Bertrand is still working the hospitality industry and the District Licensing Agency Inspector advises that she has not been able to contact him.

[6] We are unable to be satisfied as to the matters set out in s.126 of the Act and accordingly the application is refused.

DATED at WELLINGTON this 14th day of August 2009

B M Holmes
Deputy Secretary

Arnaud Bertrand.doc(aw)