Munro v Kidd [2010] NZLLA 632 (8 June 2010)

Last Updated: 10 June 2010

[2010] NZLLA PH 632-633

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension or cancellation of General Manager's Certificate number GM/4035/96 issued to ALANA MAREE KIDD

BETWEEN JASON JAMES MUNRO
(Police Officer of Blenheim)

Applicant

AND ALANA MARIE KIDD

Respondent

AND

IN THE MATTER of an application by ALANA MAREE KIDD pursuant to s.123 of the Act for renewal of a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Dr J Horn

HEARING at BLENHEIM on 20 May 2010

APPEARANCES

Sergeant J J Munro - NZ Police - applicant
Miss A M Kidd - respondent
Mr G Congdon - Marlborough District Licensing Agency Inspector - to assist

ORAL DECISION OF THE AUTHORITY

[1] There are two applications before the Authority for determination. The first is an application for the suspension or cancellation of the General Manager's Certificate issued to Alana Kidd. We note that the original application was for cancellation only but was amended at the hearing to include suspension. The grounds for the application made by the Police are that the conduct of the manager is such as to show that she is not a suitable person to hold the certificate. In particular it was alleged that Miss Kidd had been convicted for driving with excess breath alcohol.

[2] We are also asked to determine an application by Miss Kidd for the renewal of her General Managers Certificate. The grounds of the Police opposition to that application are based on the allegations set out in the application for suspension or cancellation.

[3] Sergeant J J Munro holds the liquor licensing portfolio for the Blenheim area. He gave evidence and produced a copy of the applicant’s criminal and traffic history list. The evidence was that Miss Kidd was stopped at a checkpoint at 9.48 pm on 20 August 2009. Her breath alcohol level was found to be 951 micrograms of alcohol per litre of breath. This is more than twice the legal limit.

[4] She was convicted of driving with an excess breath alcohol level on 31 August 2009 in the Blenheim District Court. She was fined $750. As this was her third offence for such matters she was also disqualified from driving for one year and a day. The two previous convictions took place in 1991 and 1999.

[5] We have heard from Miss Kidd. She has held her certificate since 1996. After the most recent renewal it was due to expire on 23 January 2010. Her application for renewal was received within time on 12 January 2010 by the Marlborough District Licensing Agency. On the application form she disclosed the conviction for “DIC” in August 2009.

[6] Miss Kidd advised that she has been employed at “Paddy Barry’s” for four years. She said that in her view the previous convictions were historic. In relation to the most recent incident that took place in August 2009 she said that she had just learned some difficult family news. She had not slept or eaten but had played a game of squash and then consumed four glasses of wine in two hours before driving home. Miss Kidd said that she regretted her stupidity but did not think that she had an alcohol problem. While we accept that the previous matters were now some 10 years ago, we would raise this question with anyone who comes before us with three drink driving matters. Miss Kidd would do well to reflect on this.

[7] We found that Miss Kidd was not particularly forthcoming when giving evidence. Fortunately for her she had the support of her employer, Mrs McElhinney who also gave evidence on her behalf. It is fair to say that her evidence gave us more confidence in dealing with this matter as we now propose to do. We also note that both Miss Kidd and her employer were under the misapprehension that Miss Kidd had not been able to act as a duty manager in the period since the applications were made, effectively acting as a period of suspension.

[8] Dealing firstly with the renewal application. We must have regard to the matters set out in s.126 of the Act which include any convictions recorded against the applicant since the certificate was last renewed, as well the character and reputation of the applicant. We have decided to renew the certificate but for the lesser period of 18 months from the expiry date of 23 January 2010. In effect this will constitute a further probationary period.

[9] Turning now to the application for suspension or cancellation. As the Authority said in the decision of Martin Ferguson v Alister Robert Lyon NZLLA PH 57/2003:

“It is our view that if managers are guilty of breaches of the drink driving provisions of the Land Transport Act they must expect their certificates to be suspended for a period. The length of the period should represent a balance between the seriousness of the offending and the maximum term of six months. In the majority of cases such a result will be seen by the Authority as a desirable step towards the promotion of the object of the Act.”

[10] In this particular case we are satisfied that the grounds have been made out and that it is desirable to make an order. We accept that a suspension is appropriate. We make the following order:

General Manager's Certificate number GM 4035/96, issued to Alana Kidd, will be suspended for a period of 30 days commencing on 20 May 2010.

DATED at WELLINGTON this 8th day of June 2010

B M Holmes
Deputy Secretary

Alana Kidd.doc(aw)