Higham [2010] NZLLA 956 (30 August 2010)

Last Updated: 10 September 2010

[2010] NZLLA PH 956

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JADE HIGHAM 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: Ms J D Moorhead

HEARING at NEW PLYMOUTH on 19 August 2010

APPEARANCES

Miss J Higham - applicant
Senior Constable C McGrath - NZ Police - in opposition
Ms T A Hall - New Plymouth District Licensing Agency Inspector - to assist

RESERVED DECISION OF THE AUTHORITY

[1] This decision relates to an application by Miss Higham for a General Manager's Certificate. The application was opposed by both the Police and the District Licensing Agency Inspector.

[2] On 18 May 2008, while under the age of 20, the applicant committed a drink driving offence where the reading was 362 micrograms of alcohol per litre of breath.

[3] On 17 October 2009, again being under the age of 20, the applicant committed another drink driving offence where the reading was 266 micrograms of alcohol per litre of breath.

[4] When the applicant was apprehended after committing the 2008 offence she was uncooperative and arrogant in her attitude towards the Police.

[5] Significantly, prior to 2008 and 2009 convictions, Miss Higham was dealt with by the Police, as a youth, in respect of two other excess breath alcohol incidents. These occurred in October 2007 some 12 days apart.

[6] When preparing her application for a General Manager's Certificate the applicant failed to record in the application her convictions. She says that she did this because it was her employer who prepared the application and she was ashamed to tell the employer about her convictions. The employer is now aware of them.

[7] At the hearing the applicant was asked if she understood the object of the Act to which she responded “to supply alcohol”. She did not understand why sale of liquor was regulated but she did appreciate that a general manager needed to be “responsible for the consumption of alcohol in public”.

[8] Section 121 of the Act sets out the criteria to which the Authority must have regard when considering applications for General Managers’ Certificates. These include:

(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.

[9] The applicant has a dreadful history in respect of drink driving matters. Further, while she may have been ashamed, she was also devious in failing to record in the application her previous convictions. She has no comprehension of what is required of a general manager in respect of sale of liquor matters. For these reasons, the Authority concludes that she is totally unsuitable to hold a General Manager's Certificate.

[10] While the Authority appreciates that the applicant is anxious to improve her situation, the Authority considers that she has chosen the wrong industry. There are special requirements applicable to a person who obtains a General Manager's Certificate. The applicant does not meet them.

[11] The application for the General Manager's Certificate is refused.

DATED at WELLINGTON this 30TH day of August 2010

B M Holmes
Secretary

Jade Higham.doc(aw)