Clearwater v Strachan [2011] NZLLA 1140 (17 October 2011)

Last Updated: 23 November 2011

[2011] NZLLA PH 1140

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 cancellation of General Manager's Certificate number 033/GM/5183/2010 issued to CLARE MAY STRACHAN

BETWEEN MURRAY ERIC CLEARWATER

(New Plymouth District Licensing Agency Inspector)

AND CHERYL McGRATH

(Police Officer of New Plymouth)

Applicants

AND CLARE MAY STRACHAN

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Dr J Horn

HEARING at NEW PLYMOUTH on 12 October 2011

APPEARANCES

Mr M E Clearwater - applicant
No appearance by or on behalf of respondent

DECISION OF THE AUTHORITY

[1] This decision relates to an application brought under s.135 of the Act for the cancellation of the General Manager's Certificate issued to Clare May Strachan. It is alleged, pursuant to s.135(3)(b) of the Act, that the conduct of the manager is such as to show that she is not a suitable person to hold a General Manager's Certificate.

[2] It was proved that on 5 May 2011 Ms Strachan was convicted on 51 charges of theft by a person in a special relationship and accessing a computer for dishonest purposes. She was sentenced to a total of two years, nine months imprisonment.

[3] The reason that Ms Strachan was not at the hearing is her imprisonment.

[4] In accordance with s.135(6) of the Act it is desirable that an order be made. Given that Ms Strachan is no longer working in the industry the only possible order is that of cancellation.

[5] Accordingly, the General Manager's Certificate issued to Ms Strachan is cancelled.

DATED at WELLINGTON this 17TH day of October 2011

B M Holmes
Secretary

Clare Strachan.doc(aw)