Barbarich [2010] NZLLA 516 (4 May 2010)

Last Updated: 7 May 2010

Decision No.516/2010

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by RICHARD EVAN LUKE BARBARICH pursuant to s.118 of the Act for a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole

Member: Dr J Horn

FINAL DECISION

We have before us an application by Richard Evan Luke Barbarich for a General Manager’s Certificate.

This application was opposed by the Police as Mr Barbarich has previous convictions for driving with excess breath alcohol. We heard the matter on 26 February 2009, and in decision NZLLA PH 203/2009 we decided to adjourn the matter for 12 months, indicating that if the applicant avoided any further infringements over that time, the application could be granted on the papers.

That time having now elapsed, and with favourable reports from both the Gisborne District Licensing Agency Inspector and Police, we follow that course.

We are satisfied as to the matters to which we must have regard in s.121(1) of the Act and we grant the application. The certificate may issue immediately.

DATED at WELLINGTON this 4TH day of May 2010

______________
B M Holmes
Deputy Secretary

Richard Barbarich.doc (OS)