Mitchell [2010] NZLLA 1373 (19 November 2010)

Last Updated: 17 December 2010

[2010] NZLLA 1373

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ALLAN JEREMY MITCHELL 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

DECISION

We have before us an application by Allan Jeremy Mitchell for renewal of a General Manager’s Certificate.

The Police opposed the application because Mr Mitchell was involved in an incident in March 2010 that culminated in his being charged with assault under the Crimes Act 1961. Mr Mitchell availed himself of the Police diversion programme and the charge was subsequently withdrawn on 9 April 2010.

Nevertheless, the Police take the view that some form of sanction is appropriate and Mr Mitchell has accepted a recommendation that his manager’s certificate only be renewed for 12 months. In return Police opposition is now withdrawn.

We are satisfied as to the matters to which we must have regard in s.126 of the Act and we renew the certificate until 31 July 2011. A notice of renewal is attached to this decision.

DATED at WELLINGTON this 19TH day of November 2010

______________
B M Holmes
Secretary

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