Ross [2011] NZLLA 409 (6 May 2011)

Last Updated: 2 June 2011

[2011] NZLLA PH 409

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by NEIL ANTHONY ROSS pursuant to s.118 of the Act for a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at AUCKLAND on 3 May 2011

APPEARANCES

Mr N A Ross – applicant
Sergeant C D Lally – NZ Police – in opposition
Miss M J McLeod – Auckland District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] This decision relates to an application by Mr Ross for a General Manager's Certificate. The application was opposed by the Police upon the grounds that on 1 February 2009 Mr Ross was apprehended for fighting in a public place. He was subsequently convicted. In addition, on 25 December 2009 he was apprehended for driving with excess alcohol in his breath and was subsequently convicted.

[2] At the time when both offences were committed Mr Ross had been issued with a General Manager's Certificate. It expired on 20 June 2010. Not long before the certificate expired, Mr Ross lost his employment at “Finnegan’s Irish Bar”.

[3] If the certificate had been renewed in June 2010 then, given the two convictions, Mr Ross was facing a suspension for approximately six weeks.

[4] However, in accordance with the Osborne decision, any applicant for a General Manager's Certificate needs to be conviction free for approximately two years if a General Manager's Certificate is to issue.

[5] Given the history of this matter, the Authority might have been prepared to have curtailed this period and have issued a General Manager's Certificate to Mr Ross now. However, Mr Ross is not working in the industry. Further, there is a history of other offences having occurred in 2004 and 2005. On the other hand, the Authority recognises that Mr Ross’s employment history is good and he understands the ramifications of the Act.

[6] In the circumstances the Authority considers that the appropriate course is to adjourn this application to 1 December 2011. Provided Mr Ross has incurred no further convictions and is working in the industry, the Authority will then be prepared to grant this application and issue a General Manager's Certificate on the papers. If, however, further convictions are incurred or Mr Ross is not working in the industry then a further hearing will be required.

[7] In the meantime, the Authority has no objection to Mr Ross being appointed as a temporary manager if he is able to obtain employment in the industry.

DATED at WELLINGTON this 6TH day of May 2011

B M Holmes
Secretary

Neil Ross.doc(aw)