Nosarau [2010] NZLLA 1420 (30 November 2010)

Last Updated: 17 December 2010

[2010] NZLLA PH 1420

IN THE MATTER of the Sale of Liquor Act 1989

AND

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

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at AUCKLAND on 14 October 2010

APPEARANCES

Mr A Nosarau - applicant
Miss A L Marsh –Auckland District Licensing Agency Inspector – to assist
Mr G S Whittle – NZ Police – in opposition

DECISION OF THE AUTHORITY

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

[2] The application was received by the Auckland District Licensing Agency on 30 June 2010. It was supported by a copy of the required Licence Controller Qualification issued on 8 June 2010 together with a reference from his employer the “Mercure Hotel” chain.

[3] The application was opposed by the Police due to a recent drink drive conviction which was not disclosed on the application form.

[4] A ‘Criminal and Traffic History’ for the applicant was admitted by consent. It shows that a conviction was entered in the New Plymouth District Court on 22 October 2009. The offence took place on 9 October 2009 when Mr Nosarau was found to be driving with a breath alcohol level of 521 micrograms of alcohol per litre of breath, the legal limit being 400. He was fined $350 ordered to pay court costs and disqualified from driving for six months.

[5] Mr Gary Selwyn Whittle is an Alcohol Harm Reduction Administrator employed by the New Zealand Police. He was concerned that the applicant had failed to disclose the conviction instead answering “no” to the question on the application “Has the applicant been convicted of any offence?”

[6] The applicant is 27 years of age and was originally from Belarus. He has worked at the “Mercure Hotel” for six months. He is the Night Audit Manager. He said that his duties included check in, billing and compiling reports. He said that alcohol was not sold during the night shift but that he was required to have the certificate as part of his position. In regard to the nondisclosure he said that he had not thought it was important. He was wrong.

[7] 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.

[8] We are concerned with three issues. The recent conviction, the non-disclosure of that conviction which raises questions as to his character and reputation and his lack of experience in controlling licensed premises. In regard to the non-disclosure we are prepared to give the applicant the benefit of the doubt as it appeared to us there may have been language difficulties.

[9] In terms of the guideline decision of G L Osborne NZLLA 2388/95 we expect a stand down period to occur when convictions have been recorded against an applicant. In the case of an isolated drink driving offence we would normally expect a two year stand down period to take place.

[10] We have decided to adjourn the application for a period of 12 months. It will then be two years since the offending occurred. The matter will then be set down for a further hearing. We note that we would expect that the applicant be able to show that he has had some experience in regard to the sale and supply of alcohol before the application could receive favourable consideration.

DATED at WELLINGTON this 30TH day of November 2010

B M Holmes
Secretary

Aliaksandr Nosarau.doc