Metz [2010] NZLLA 1396 (23 November 2010)

Last Updated: 17 December 2010

[2010] NZLLA PH 1396

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ANTOINETTE PIRIHIRA METZ 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

Ms A P Metz – 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 opposed application for the renewal of Ms Metz’s General Manager's Certificate. The opposition from the Police is on the ground that Ms Metz was convicted of driving with excess breath alcohol on 22 July 2009. It seems that at the time of the conviction no application was made for the suspension or cancellation of the certificate.

[2] Section 126 of Act sets out the criteria applicable when considering applications for the renewal of managers’ certificates. These include the character and reputation of the applicant and any convictions recorded against her since the certificate was previously issued or renewed.

[3] The conviction is over 15 months old. Ms Metz was very remorseful.

[4] In the circumstances the Authority considers that the application for the renewal of the certificate should be granted but upon the basis that the renewed term will be for 15 months from 15 June 2010. There is an order accordingly.

DATED at WELLINGTON this 23RD day of November 2010

B M Holmes
Secretary Antoinette Metz.doc(aw)