Morris v Ferne [2011] NZLLA 1311 (11 November 2011)

New Zealand Liquor Licensing Authority

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Morris v Ferne [2011] NZLLA 1311 (11 November 2011)

Last Updated: 9 December 2011

[2011] NZLLA PH 1311

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/006/272/2001 issued to SHONA CAROLYNNE FERNNE

BETWEEN AARON PETER MORRIS

(Police Officer of Auckland)

Applicant

AND SHONA CAROLYNNE FERNNE

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at AUCKLAND on 7 November 2011

APPEARANCES

Constable A P Morris – NZ Police – applicant
Ms S C Fernne – respondent

DECISION OF THE AUTHORITY

[1] This decision relates to an application for the suspension of the General Manager's Certificate issued to the respondent. At the hearing it was proved (and, subsequently the respondent admitted) that there were grounds to bring the application.

[2] In accordance with s.135(3)(b) of the Act the application alleged that the conduct of the respondent was such as to show that on various occasions she was not a suitable person to hold a General Manager's Certificate. On 20 June 1989, 19 October 2009 and 23 March 2010 she was convicted of driving with excess breath alcohol. In addition, on 23 March 2010 she was convicted of driving whilst disqualified.

[3] The Authority is satisfied that there are grounds for the application.

[4] In accordance with s.135(6) of the Act the Authority has to determine if it is desirable to make any order. The Authority concludes that in this case it is not desirable to make any order. The last convictions were on 23 March 2010 and related to offences on 27 February 2010. The enforcement application is dated 15 February 2011.

[5] Applying the well known maxim that justice delayed is justice denied, the Authority concludes that the delay in bringing the application means that an injustice will occur if any order were made.

[6] The respondent has agreed that when her General Manager's Certificate is renewed on 11 December 2011 she will seek to have it renewed for a truncated period of 12 months only.

[7] The Authority records that it is unimpressed with the respondent’s criminal record. However, it is impressed with the efforts that the respondent is presently making (as a result of alcohol abuse counselling) to curb her excessive intake of liquor.

DATED at WELLINGTON this 11TH day of November 2011

B M Holmes
Secretary

Shona Fernne.doc