Murray [2010] NZLLA 1350 (18 November 2010)

Last Updated: 10 December 2010

[2010] NZLLA PH 1350

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by RAEWYN DENISE MURRAY pursuant to s.118 of the Act for a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Dr J Horn

HEARING at CHRISTCHURCH on 27 October 2010

APPEARANCES

Ms R D Murray – applicant
Mr M Ferguson – Christchurch District Licensing Agency Inspector – in opposition
Sergeant A J Lawn – NZ Police – in opposition

DECISION OF THE AUTHORITY

[1] This is an application by Raewyn Denise Murray for a General Manager's Certificate pursuant to s.118 of the Act.

[2] The application was received by the Christchurch District Licensing Agency in January 2010 and supported with a copy of the required Licence Controller Qualification issued in November 2006. At the time she made her application Ms Murray was employed at the “Oxford Tavern”.

[3] The application was opposed by the District Licensing Agency Inspector and the Police because of a conviction for driving with an excess breath alcohol level which the applicant had failed to disclose, although she declared a previous similar conviction incurred in 1993.

[4] The matters which we must have regard to are set out in s.121 of the Act as follows:

(a) The character and reputation of the applicant:

(b) Any convictions recorded against the applicant:

(c) Any experience, in particular recent experience, that the applicant has had in controlling any premises or conveyance in respect of which a licence was in force:

(d) Any relevant training, in particular recent training, that the applicant has undertaken and evidence the applicant holds the prescribed qualification required under section 117A:

(e) Any matters dealt with in any report made under section 119.

[5] A criminal and traffic history list was admitted by consent. While it records two earlier convictions we are satisfied that they are historical and that the only conviction of relevance is that entered in the Christchurch District Court on 11 June 2008. This was for driving with a breath alcohol limit of 612 micrograms of alcohol per litre of breath on 28 May 2008. She was fined $500 and ordered to pay Court costs. She was also disqualified from driving for six months.

[6] We note that Ms Murray has held a General Manager's Certificate since 1991. Her certificate expired in November 2009 and was not renewed. She said that she had not disclosed the recent conviction on her application form because of her embarrassment over the issue. She has however, now “come clean” and her employer is aware of the circumstances.

[7] In fact her employer, Mr Greville Tomich gave evidence on her behalf. He has known her for two years and described her as a good worker about whom he had no concerns.

[8] We note that two and a half years have now passed since the most recent conviction. In terms of the G L Osborne NZLLA 2388/95 decision we are satisfied that a sufficient period of time has now passed in order for her application to be granted and it is granted accordingly

DATED at WELLINGTON this 18TH day of November 2010

B M Holmes
Secretary

Raewyn Murray.doc(aw)