McIlroy [2010] NZLLA 1395 (23 November 2010)

Last Updated: 17 December 2010

[2010] NZLLA PH 1395

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by LEE KIRSTEN McILROY 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 TAUMARUNUI on 17 November 2010

APPEARANCES

No appearance by or on behalf of applicant
Sergeant L D Bright – NZ Police – in opposition
Mrs T O’Shannessey – Ruapehu District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] This decision relates to an application for the renewal of Ms McIlroy’s General Manager's Certificate. It was opposed by the Police on the ground that on 14 August 2009 Ms McIlroy was convicted of driving with excess alcohol in her breath. She has two previous drink driving convictions.

[2] There was no appearance by Ms McIlroy. Considerable efforts were made both by the Police and the Inspector to make certain that she had not been inadvertently delayed in attending the hearing.

[3] Her non appearance is evidence of unsuitability. In addition, the three drink drive convictions are also evidence of unsuitability.

[4] In these circumstances the application for the renewal of the General Manager's Certificate issued to Lee Kirsten McIlroy is refused.

DATED at WELLINGTON this 23RD day of November 2010

B M Holmes
Secretary

Lee McIlroy.doc(aw)