Hall v Hunt [2010] NZLLA 953 (30 August 2010)

Last Updated: 10 September 2010

[2010] NZLLA PH 953

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 033/GM/4892/20008 issued to DANIELLE HUNT

BETWEEN TONIA ANNE HALL

(New Plymouth District Licensing Agency Inspector)

Applicant

AND DANIELLE HUNT

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Ms J D Moorhead

HEARING at NEW PLYMOUTH on 20 August 2010

APPEARANCES

Ms T A Hall - New Plymouth District Licensing Agency Inspector - applicant
Ms D Hunt - respondent
Senior Constable C McGrath - NZ Police - to assist

DECISION OF THE AUTHORITY

[1] This decision relates to an application brought pursuant to s.135 of the Act for the suspension or cancellation of General Manager's Certificate issued to Danielle Hunt.

[2] The application was brought on the grounds set out in s.135(3)(b) of the Act to the effect that Ms Hunt’s conduct was such as to show that she is not a suitable person to hold the certificate. In particular, on two recent occasions, namely 24 August 2009 and 13 May 2010 Ms Hunt has been apprehended on charges of driving with excess breath alcohol and has been subsequently convicted of these offences.

[3] The Authority notes that as a result of the first drink driving offence, Ms Hunt’s certificate was suspended for three weeks.

[4] A second drink driving conviction with a high reading within such a short period would ordinarily justify a lengthy suspension. Convictions for drink driving offences indicate that the offender has abused alcohol to the extent that he or she is unable to make an appropriate judgement as to whether or not to drive a motor vehicle. The fact that Ms Hunt has been convicted on two occasions requires the Authority to treat this application very seriously. If Ms Hunt is unable to curb her own liquor abuse, it is unlikely that she will be able to reduce liquor abuse by other persons. Thus her actions run counter to the object of the Act as set out in s.4.

[5] Accordingly, in accordance with s.135(6) of the Act the Authority is satisfied that it is desirable to make an order under that section. As indicated previously, any order by the Authority in these circumstances would be a suspension. In this case, not only are there the two drink driving convictions, but also Ms Hunt is not presently working in the industry. Furthermore, although she would like to resume employment in the industry, she has no firm plans to do so at the present time.

[6] Accordingly, the Authority concludes that this is an appropriate case where Ms Hunt’s certificate should be cancelled.

[7] The General Manager's Certificate number 033/GM/4892/2008, issued to Danielle Hunt is cancelled.

DATED at WELLINGTON this 30TH day of August 2010

B M Holmes
Secretary

Danielle Hunt(2).doc(aw)