Marshall [2011] NZLLA 688 (12 July 2011)

Last Updated: 29 August 2011

[2011] NZLLA PH 688

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by DION MALCOLM MARSHALL 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 PALMERSTON NORTH on 6 July 2011

APPEARANCES

Mr D M Marshall – applicant
Ms M L Campbell – NZ Police – in opposition
Mrs L D Kroll – Palmerston North District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] This decision relates to an application by Mr Marshall for a General Manager's Certificate. It was opposed by the Police upon the grounds that Mr Marshall has incurred a number of previous convictions. These were admitted by Mr Marshall. In particular, there are two previous drink driving convictions the last of which relates to an offence which occurred on 31 March 2007. The latter drink driving conviction was accompanied by a conviction for resisting the Police.

[2] Mr Marshall has been employed at a Palmerston North “Four Square” grocery business for the last five years. He acts in a supervisory role.

[3] The Osborne decision indicated that there needed to be a five year conviction free period following multiple drink driving convictions if a General Manager's Certificate is to issue. There are no exceptional circumstances in this case. However, in eight months time that five year period will have expired.

[4] In these circumstances the application is adjourned for a period of eight months until 31 March 2012. If the Authority does not receive any reports from either the Police or the Inspector indicating that further convictions have been incurred, then the Authority will grant the application on the papers without the need for a further hearing.

DATED at WELLINGTON this 12TH day of July 2011

B M Holmes
Secretary

Dion Marshall.doc(aw)