Mahanga [2011] NZLLA 1333 (16 November 2011)

New Zealand Liquor Licensing Authority

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Mahanga [2011] NZLLA 1333 (16 November 2011)

Last Updated: 12 December 2011

[2011] NZLLA PH 1333

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by HADASSAH DOREEN MAHANGA pursuant to s.118 of the Act for a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at WHANGAREI on 1 November 2011

APPEARANCES

No appearance by or on behalf of applicant
Sergeant H P Clement – NZ Police – in opposition
Mr R M Mussle – Whangarei District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] This is an application by Hadassah Doreen Mahanga pursuant to s.118 of the Act for a General Manager's Certificate.

[2] On 10 February 2010 the application was received at the Whangarei District Licensing Agency. It was supported with a copy of the required Licence Controller Qualification, issued on 29 September 2009.

[3] The application form disclosed convictions in September 2009 for driving while suspended as well as a more recent matter that was still to come before the Courts.

[4] The application was opposed on the basis of her previous convictions by the Police and the District Licensing Agency Inspector. The matter was accordingly set down to be determined at a public hearing by the Liquor Licensing Authority.

[5] The evidence shows that Ms Mahanga was convicted in the Whangarei District Court on 28 May 2010 of driving whilst her licence was suspended on 30 September 2009. On 23 August 2010 following an incident at “The Warehouse” in Whangarei Ms Mahanga was arrested for theft and driving while disqualified. The charge of theft was withdrawn in the Whangarei District Court on 30 March 2011 but she was convicted of driving whilst disqualified. More recently on 31 August 2011 Ms Mahanga was apprehended in Whangarei for driving whilst being disqualified as a third or subsequent offence. She was convicted in the Whangarei District Court on 17 October 2011 and sentenced to 80 hours community work.

[6] The matters that we must have regard to in determining an application for a General Manager's Certificate include such matters as previous convictions but in any event Ms Mahanga has failed to appear at a public hearing. In accordance with our usual practice we are unable to be satisfied as to the criteria in s.121(1) of the Act and the application must be refused.

DATED at WELLINGTON this 16TH day of November 2011

B M Holmes
Secretary

Hadassah Mahanga.doc