Viti [2011] NZLLA 1405 (23 November 2011)

Last Updated: 12 December 2011

[2011] NZLLA PH 1405

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by BILLI-JO VITI 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 AUCKLAND on 15 November 2011

APPEARANCES

Ms B Viti – applicant
Sergeant J P Loye – NZ Police – in opposition
Miss M J McLeod – Auckland District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] This is an application by Billi-Jo Viti for a General Manager's Certificate. Ms Viti has appeared before the Authority previously in November 2008 when a similar application was declined as being too premature. Subsequent to that Ms Viti obtained her General Manager's Certificate in December 2009. Unfortunately she let the certificate lapse at the first renewal in December 2010. She accordingly filed this new application with the Auckland District Licensing Agency on 21 January 2011.

[2] The application attracted opposition from the Police due to a recent conviction for breach of a liquor ban on 12 June 2010. This conviction was not disclosed on the application form. Ms Viti explained that she had been of the impression that the guilty letter was not in fact a conviction. This misapprehension is a common one and we are prepared to accept her explanation for the nondisclosure.

[3] Ms Viti has now been working for “Harlequins” for three years and has the support of her employer. Having heard from her and noting that the breach of the liquor ban was now some 18 months ago we are prepared to grant the application.

[4] We are satisfied as to the matters set out in s.121(1) of the Act and the certificate may issue immediately.

DATED at WELLINGTON this 23rd day of November 2011

B M Holmes
Secretary

Billi-Jo Viti.doc(aw)