Campbell v Fryer [2011] NZLLA 1155 (17 October 2011)

Last Updated: 23 November 2011

[2011] NZLLA 1155

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 of General Manager’s Certificate number GM/302405/09 issued to JAN DOROTHY FRYER

BETWEEN MICHELLE LEE CAMPBELL

(Police Licensing Officer of Palmerston North)

Applicant

AND JAN DOROTHY FRYER

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us an application by Ms M L Campbell, Police Licensing Officer of Palmerston North dated 14 September 2011, for suspension or cancellation of a General Manager’s Certificate held by Jan Dorothy Fryer.

The ground for the application is that the conduct of the manager has been such as to show that she is not a suitable person to hold the certificate.

On 29 March 2011 Ms Fryer was convicted in the Palmerston North District Court for having taken, obtained or used a document for pecuniary advantage. She was required to pay Court costs of $132.89 and to come up for sentence if called. The offence occurred on 19 November 2010.

On 8 September 2011 she was convicted of common assault following an incident on 9 July 2011. She was again required to come up for sentence if called.

Ms Fryer has a lengthy criminal history albeit that some matters are of some antiquity. Nevertheless, we are satisfied that the Police have established that her suitability to continue to hold a manager’s certificate is questionable.

The respondent does not dispute the ground for the application and she has offered to surrender her manager’s certificate. However, there is no mechanism in the Sale of Liquor Act 1989 for such a course of action and she has agreed to accept its cancellation by the Authority. Accordingly, we make the following order by consent:

General Manager’s Certificate number GM/302405/09, issued to Jan Dorothy Fryer, is hereby cancelled.

DATED at WELLINGTON this 17th day of October 2011

B M Holmes
Secretary

Jan Fryer.doc(ab)