Squair [2011] NZLLA 889 (17 August 2011)

Last Updated: 31 August 2011

[2011] NZLLA PH 889

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JENNA LEE SQUAIR 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 HAMILTON on 8 August 2011

APPEARANCES

Mr R W Murphy – agent for applicant
Sergeant J R Dalziell-Kernohan – NZ Police – in opposition
Mr T P Van Der Heijden – Hamilton District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] This is an application by Jenna Lee Squair pursuant to s.118 of the Act for a General Manager's Certificate. The application was made on 1 November 2010 and supported with a copy of the required Licence Controller Qualification issued on 28 September 2010. It was also supported with a reference from her employer at the “Memento Cafe”.

[2] The application attracted opposition from the Police who questioned the suitability of the applicant due to an incident of driving with an excess breath alcohol level which occurred on 28 February 2010. The recorded level was 688 micrograms of alcohol per litre of breath. While a charge was initially laid it was later withdrawn due to a technicality and accordingly Ms Squair has no convictions.

[3] Despite the fact that Ms Squair does not have any convictions one of the matters that we must consider under the criteria set out in s.121 of the Act is the character and reputation of the applicant. Ms Squair is aged 21 and has now worked for the “Momento Cafe” for almost three years. She divides her time between the “University Cafe” and the “City Cafe” both of which have a cafe restaurant licence. She has been acting as a temporary manager since the application was made.

[4] We were impressed with Ms Squair when she gave her evidence. She understood her host responsibilities and appeared to take her job seriously. Ms Squair also gave an undertaking only to utilise the certificate if granted, for the first probationary year at “Momento Cafe”.

[5] In situations where an applicant has incurred a conviction for driving with excess breath alcohol the guideline decision in G L Osborne NZLLA 2388/95 normally comes into play. That decision sets out the stand down periods that would normally be expected. In this case however, there is no conviction, although the facts of the incident were admitted by Ms Squair. While we believe that it is still appropriate for some form of stand down period to take place, we note that it is now almost 18 months since the incident.

[6] Having heard from Ms Squair and taking into account the undertaking that she has given, we are prepared to grant the application. The certificate may issue immediately. We also record that Ms Squair may apply to the District Licensing Agency or the Authority to be released from the undertaking should the need arise.

DATED at WELLINGTON this 17TH day of August 2011

B M Holmes
Secretary

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