Dean [2010] NZLLA 1125 (11 October 2010)

Last Updated: 29 October 2010

[2010] NZLLA PH 1125

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by REBECCA SHEREE DEAN pursuant to s.123 of the Act for renewal of a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Mr P M McHaffie

HEARING at NAPIER on 22 September 2010

APPEARANCES

Ms R S Dean - applicant
Sergeant N A V Formosa - NZ Police - in opposition
Mr R B Hunt - Napier District Licensing Agency Inspector - to assist

DECISION OF THE AUTHORITY

[1] This decision relates to an application for the renewal of a General Manager's Certificate. The certificate expired on 26 November 2009.

[2] In the application for renewal, the applicant indicated that she had one conviction for excess breath alcohol in July 2008. She failed to mention five other convictions between 2006 and 2009.

[3] Those convictions related to further driving and alcohol related offending. She says that she only had evidence pertaining to one of the convictions so she mentioned that one. She thought that that would be sufficient in the circumstances.

[4] The previous convictions are of concern. In total, of offences which particularly concern the Authority, there are two excess breath alcohol convictions in 2004 and 2008 respectively. The Authority notes that the reading in respect of 2008 conviction was 942 micrograms of alcohol per litre of breath which is a very high reading. In addition, the 2008 conviction for offensive behaviour concerns the Authority as it is clear that the offensive behaviour was the result of the applicant having become grossly intoxicated.

[5] In the decision of Jason Peter Loye v Makoto Tokuyama NZLLA PH 285-286/2006 the Authority stated:

“It is our expectation that all holders of General Manager’s Certificates will appreciate that a conviction involving the abuse of liquor is not only contrary to the provisions and objective of the Act, but will place the holding of a General Manager’s Certificate at risk.”

[6] It is unfortunate that no enforcement proceedings were brought against Ms Dean in respect of her offending. Given that the last conviction was in November 2008, it is unfortunate that now, almost two years later, that conviction should haunt the applicant.

[7] It is clear from the evidence of her employer, Mr Collins, and from the evidence of the applicant herself that since November 2008 the applicant has adopted a completely different lifestyle from that which previously pertained. Since April 2009 she has been working as a bar manager at the “Hawkes Bay Sports and Fishing Club”. Mr Collins indicated that the applicant performs a difficult job very well and he believes she has a great future in the industry. He is satisfied she has put her past behind her.

[8] The applicant’s history certainly concerns the Authority. Likewise, the Authority is concerned about the dishonesty involved in failing to properly complete the application form. Nevertheless, given that the last conviction was almost two years ago and that since then the applicant seems to have conducted her lifestyle in an exemplary fashion, the Authority is satisfied in terms of s.126 of the Act that this is a proper case to grant the application. However, the applicant’s history does not warrant the Authority granting the application for the normal term of three years. In the circumstances the application is granted and the certificate is renewed for a period of two years from 26 November 2009.

DATED at WELLINGTON this 11TH day of October 2010

B M Holmes
Secretary

Rebecca Dean.doc(aw)