Millar [2011] NZLLA 1408 (23 November 2011)

Last Updated: 12 December 2011

[2011] NZLLA PH 1408

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by DANIEL JAMES VINCENT MILLAR 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 14 November 2011

APPEARANCES

Mr D J V Millar – 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 Daniel James Vincent Millar for a General Manager's Certificate. The application was filed with the Auckland District Licensing Agency on 9 December 2010. It was supported with a copy of the required Licence Controller Qualification issued on 10 July 2009.

[2] The application attracted opposition from the Police on several grounds one of which was that the applicant had stated “no” in response to the question on the application form as to whether he had any experience managing licensed premises. The other grounds of opposition included the fact that he had failed to disclose previous convictions.

[3] There was also opposition from the District Licensing Agency Inspector as Mr Millar had failed to attend an interview and it was not known whether he was currently working in the industry.

[4] Mr Millar appeared at a public hearing and advised that he was no longer working at the “Chapel Bar Bistro” where he had been employed at the time the application was made. Somewhat surprisingly Mr Millar said that he had not made the application and that it was not in his handwriting or signed by him. He was therefore of the view that it was not he who had failed to disclose the previous convictions.

[5] In this rather unusual situation we were left to wonder whether there was in fact an application before us to consider. However, even if the application had been properly made, we find that after considering the grounds set out in s.121 of the Act we are unable to grant the application.

[6] Mr Millar is not currently working in the hospitality industry and therefore has no recent experience managing licensed premises. As has been made clear by the Authority in its previous decisions, we expect a General Manager's Certificate to be a working document and will only issue a certificate where the applicant has the support of an employer.

[7] Mr Millar also has recent convictions, including a conviction for driving with excess breath alcohol in December 2010. He has earlier drugs related convictions from 2007 and 2008. The most recent conviction was subsequent to the application being made and was for breach of community work (for which he was convicted and discharged on 18 May 2011). We expect a stand down period to occur where convictions have been incurred. Given that there is more than one recent conviction we would expect a considerable stand down period. That time has by no means been reached.

[8] For the reasons given the application is refused.

DATED at WELLINGTON this 23rd day of November 2011

B M Holmes
Secretary

Daniel Millar.doc(aw)