Bell [2011] NZLLA 863 (10 August 2011)

Last Updated: 31 August 2011

[2011] NZLLA PH 863

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SIMON CHARLES BELL 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 NAPIER on 3 August 2011

APPEARANCES

Mr S C Bell – applicant
Mr J H Lovatt – Hastings District Licensing Agency Inspector – in opposition

DECISION OF THE AUTHORITY

[1] This decision relates to an application for a General Manager's Certificate. The application was opposed by the Inspector who referred to the applicant’s relatively lengthy list of previous convictions, some of which were alcohol related. The applicant has three previous drink driving convictions the last of which occurred in 2006. In terms of the Osborne decision five years has elapsed since the last of those convictions and in those circumstances the applicant should be given credit for the conviction free period since then. However, on 20 February 2009 he was convicted of selling liquor to a minor. In terms of the Sale of Liquor Act, the sale of liquor to a minor is serious.

[2] However, the circumstances pertaining to the sale were that the applicant was working in a bar where most of the patrons were regulars. A group of young women (who were regulars and whom he knew were not minors) came to the bar. With them came the young person. He failed to obtain any evidence of identification from her or check her age. He assumed she was with the other young women. In terms of severity, the Authority considers that this offence was at the lower end of the scale.

[3] Two and a half years have elapsed since the sale to a minor offence occurred. In all the circumstances of the case this seems an appropriate time for the applicant’s poor history to be put behind him.

[4] In that regard he is presently a cellar door and trade sales manager at a winery. He is studying part time towards a Bachelor of Wine Science. He is the chairman/president of the EIT Students’ Association.

[5] The Authority accepts that the applicant has changed his lifestyle radically.

[6] In all the circumstances the Authority considers that this is an appropriate case for the application to be granted. The criteria set out in s.121 have been considered.

[7] Accordingly the application for the General Manager's Certificate is granted.

DATED at WELLINGTON this 10TH day of August 2011

B M Holmes
Secretary

Simon Bell.doc(aw)