King [2011] NZLLA 79 (18 February 2011)

Last Updated: 11 March 2011

[2011] NZLLA 79

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by VEENA WAERETI KING 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: Mr P M McHaffie

HEARING at KAIKOHE on 8 February 2011

APPEARANCES

Mrs V W King – applicant
Senior Constable G L Wright – NZ Police – in opposition
Mr J A Thorne – Far North District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] Mrs King has applied for a General Manager's Certificate. She is presently employed at the “Kaikohe Hotel”.

[2] Most of the convictions relate to minor traffic offences. However, significantly, most of this offending had ceased by 2003. There have been no further similar convictions. Unfortunately, on 15 December 2009 Mrs King was convicted of unlawfully taking a motor vehicle. She had pleaded guilty to the charge. She was sentenced to 150 hours of community work. Regrettably, on 10 December 2010 she was convicted and discharged in respect of a breach of that community work.

[3] Notwithstanding Mrs King’s guilty plea to the unlawful taking charge, it seemed to the Authority that from what she told it it is possible that she may have had a defence to the charge. In any event, of its type, it plainly was not a particularly serious matter and any dishonesty involved was minimal. Neither that charge nor the subsequent breach of community work involved the abuse of alcohol.

[4] The court was informed that Mrs King is presently paying her fines and undertaking her community work. She has two surviving children aged 14 and 2 respectively. Her husband lives with her and is employed. She is anxious to improve her situation and put her past behind her. She currently has no gang affiliations.

[5] Both the Police and the Inspector noted that there had been some improvements in the running of the Kaikohe Hotel since Mrs King has been employed there. They are not in a position to state categorically that Mrs King is responsible for those improvements but recognise that it is possible that she can take some credit for them.

[6] The Authority considers that it is appropriate that the application be adjourned to enable a period of two years to elapse between the date of the commission of the unlawful taking charge and the grant of any certificate.

[7] In those circumstances the application is adjourned to 6 August 2011. Provided no further problems arise and provided Mrs King remains working in the industry then on 6 August 2011 or as soon as possible thereafter the application will be granted by the Authority on the papers. If further problems arise between now and 6 August 2011 it will be necessary for the application to be considered at a further hearing of the Authority.

[8] The application was opposed by the Police because of the lengthy criminal history of the applicant. In the circumstances the Police considered that Mrs King would not be a suitable person to hold a General Manager's Certificate.

DATED at WELLINGTON this 18TH day of February 2011

Maria Galvin
Deputy Secretary

Veena King.doc(aw)