Mitchell [2011] NZLLA 588 (23 June 2011)

Last Updated: 3 August 2011

[2011] NZLLA PH 588

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SAMANTHA CLAIR MITCHELL 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 WELLINGTON on 15 June 2011

APPEARANCES

Miss S C Mitchell – applicant
Sergeant J R Lewis – NZ Police – in opposition
Mr R S Putze – Wellington District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Samantha Clair Mitchell pursuant to s.118 of the Act for a General Manager's Certificate. The application was received by the Wellington District Licensing Agency on 3 November 2001. It was supported with a copy of the required Licence Controller Qualification issued on 30 September 2010.

[2] The application attracted opposition from the Police due to the applicant having a recent conviction for driving with an excess breath alcohol level. The conviction was disclosed on the application form and is one of the criteria that we must consider under s.121 of the Act.

[3] At the hearing the applicant’s criminal and traffic history was admitted by consent. It shows that she was convicted in the Porirua District Court on 23 October 2009. The offence took place on 16 October 2009 when Ms Mitchell was found to be driving with an excess breath alcohol level of 556 micrograms of alcohol per litre of breath, the legal limit being 400 micrograms

[4] Ms Mitchell works at the “San Francisco Bathhouse” in Cuba Street, Wellington. She has been employed there for 18 months. Ms Mitchell said that she realised she had made a stupid mistake and was now more vigilant. She described the conviction as having had a profound effect on her and felt that she was able to apply the situation to her work in a positive way.

[5] In the guideline decision of G L Osborne NZLLA 2388/95 the Authority indicated that in the case of an isolated conviction for driving with excess breath or blood alcohol we commonly look for a two year period free of any conviction. In this case that period still has four months remaining.

[6] We propose to adjourn this application for that period. If there are no further issues the application can be granted on the papers. We indicate our view that we see no reason why Ms Mitchell could not be appointed as a temporary or acting manager in the interim period provided the requirements of the Act are followed.

[7] The application is adjourned accordingly.

DATED at WELLINGTON this 23RD day of June 2011

B M Holmes
Secretary

Samantha Mitchell.doc(aw)