Newell v Davies [2010] NZLLA 1266 (29 October 2010)

Last Updated: 12 November 2010

[2010] NZLLA PH 1266

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 the cancellation of General Manager's Certificate number 068/GM/316/09 issued to GARETH BRIAN DAVIES

BETWEEN KEITH PHILIP NEWELL

(Police Officer of Queenstown)

Applicant

AND GARETH BRIAN DAVIES

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at QUEENSTOWN on 20 October 2010

APPEARANCES

Sergeant K P Newell – NZ Police – applicant
No appearance by or on behalf of respondent

DECISION OF THE AUTHORITY

[1] This decision relates to an application brought under s.135 of the Act for the cancellation of Mr Davies’ General Manager's Certificate. Evidence was adduced before the Authority to the effect that on 26 March 2010 Mr Davies was convicted of selling or supplying cannabis. The Authority has commented on many occasions to the effect that managers who become involved in the drug subculture are not suitable to hold General Managers’ Certificates. That is the case here. In addition, Mr Davies is no longer working in the industry. Indeed, he is no longer in New Zealand.

[2] In these circumstances the grounds for the application as set out in s.135(3)(b) of the Act have been made out. In accordance with s.135(6) of the Act the Authority considers that it is desirable that the certificate be cancelled. Accordingly Mr Davies’ General Manager's Certificate is cancelled.

DATED at WELLINGTON this 29TH day of October 2010

B M Holmes
Secretary

Gareth Davies.doc(aw)