Faris v Merrin [2011] NZLLA 292 (7 April 2011)

Last Updated: 3 May 2011

[2011] NZLLA 292-293

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 018/GM/04/07 issued to BRONWYN MERRIN

BETWEEN BRYAN DAVID FARIS

(Otorohanga District Licensing Agency Inspector)

Applicant

AND BRONWYN MERRIN

Respondent

AND

IN THE MATTER of an application by BRONWYN MERRIN pursuant to s.123 of the Act for renewal of a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Members: Mr P M McHaffie

DECISION

We have before us an application by Mr B D Faris, Otorohanga District Licensing Agency Inspector dated 17 March 2011, for suspension of a General Manager’s Certificate held by Bronwyn Merrin. We are also asked to determine an application to renew the certificate.

The Police and District Licensing Agency Inspector oppose renewal for the reasons set out in the application for suspension, the grounds for which are that the conduct of the manager has been such as to show that she is not a suitable person to hold the certificate.

On 9 November 2010 Ms Merrin incurred a conviction for a liquor related traffic offence. Police records reveal that she had a previous similar conviction, although of some antiquity, having occurred in June 2002.

The respondent does not dispute the ground for the enforcement application and she has agreed to suspension of her manager’s certificate. She has also agreed to accept a shortened period of renewal of the certificate. Accordingly, we make the following order by consent:

General Manager’s Certificate number 018/GM/04/07, issued to Bronwyn Merrin, is suspended for six weeks from Monday 9 May 2011.

We are satisfied as to the matters to which we must have regard in s.126 of the Act and we renew the certificate for 12 months until 12 March 2012. A notice of renewal is attached to this decision.

DATED at WELLINGTON this 7TH day of April 2011

B M Holmes
Secretary

Bronwyn Merrin.doc(ab)