Pearce [2010] NZLLA 554 (13 May 2010)

Last Updated: 20 May 2010

[2010] NZLLA PH 554

IN THE MATTER of the Sale of Liquor Act 1989

AND

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

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Dr J Horn

HEARING at WELLINGTON on 28 April 2010

APPEARANCES

Mr J Pearce - applicant
Mr R S Putze - Wellington District Licensing Agency Inspector - in opposition
Sergeant J R Thurston - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority for determination is an application by Jason Newall Pearce for a General Manager's Certificate pursuant to s.118 of the Act.

[2] The application was received by the Wellington District Licensing Agency on 22 February 2010. It was accompanied by a copy of the Licence Controller Qualification and supporting references.

[3] The application did not disclose any convictions but attracted Police opposition due to an active charge for driving with excess breath alcohol. The matter was accordingly forwarded to the Authority for public hearing.

[4] The criteria that we must consider in determining such an application is 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.

[5] The matter at issue is that of the charge which has since resulted in a conviction being entered. It is accepted that Mr Pearce fulfils the other criteria set out in the section. In fact Mr Pearce has previously held a General Manager's Certificate.

[6] The evidence given by Sergeant J R Thurston of the Wellington Police confirms that the applicant was convicted in the Wellington District Court on 18 March 2010 for driving with an excess blood alcohol content of 90 milligrams of alcohol per 100 millilitres of blood, the limit being 80 milligrams. The applicant was fined $450, ordered to pay analyst fees of $93, Court costs $130, medical expenses $107 and disqualified from driving for a period of six months.

[7] Mr Pearce appeared before the Authority and explained the circumstances of the incident on 5 December 2009 although he did not seek to excuse his actions.

[8] Mr Pearce has been in the hospitality industry for some 12 years and has owned and managed a range of premises within the Wellington area during that time. While he has held a certificate in the past he did not renew it when it last expired. He has not held a certificate for some considerable period of time.

[9] As has been explained to Mr Pearce the Authority would normally expect a stand down period before an application for a General Manager's Certificate receives favourable consideration in circumstances involving such a conviction.

[10] The guideline decision of G L Osborne NZLLA 2388/95 states that such a stand down period would be expected to be two years from the date of the incident where there is an isolated conviction for driving with excess blood or breath alcohol. That period of time does not expire until December 2011. The Authority also has a policy of not adjourning matters for longer than a period of 12 months.

[11] Accordingly in the circumstances we do not feel that we are able to either grant or adjourn the application which must accordingly be refused. This is not to say that Mr Pearce is not free to apply again in the future once the stand down period has been reached.

DATED at WELLINGTON this 13TH day of May 2010

B M Holmes
Deputy Secretary

Jason Pearce.doc(aw)