Blummont v Horne [2012] NZLLA 1041 (24 September 2012)

Last Updated: 16 October 2012

[2012] NZLLA PH 1041

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension or cancellation of Club Manager’s Certificate number CM020/2008 issued to ADRIAN RICHARD HORNE (aka BORRIE)

BETWEEN ADAM JASON BLUMMONT

(Police Officer of Hastings)

Applicant

AND ADRIAN RICHARD HORNE (aka BORRIE)

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Ms J D Moorhead

HEARING at NAPIER on 20 September 2012

APPEARANCES

Sergeant R K Wylie – NZ Police – applicant
No appearance by or on behalf of respondent

DECISION OF THE AUTHORITY

[1] The Police have brought an application pursuant to s.135 of the Act for the suspension or cancellation of Club Manager’s Certificate issued to the respondent. The application alleges pursuant to s.135(3)(b) of the Act that on 6 April 2012 Mr Borrie’s conduct was such as to show that he is not a suitable person to hold a General Manager's Certificate.

[2] On 6 April 2012, after he had been drinking alcohol, Mr Borrie severely assaulted his female partner. On 2 July 2012 he was convicted in the Hastings District Court for assault with intent to injure.

[3] Mr Borrie has an extensive alcohol related conviction list. As Constable Blummont (who gave evidence in support of the application) stated, pursuant to NZLLA PH 489/2008, when Mr Borrie’s Club Manager’s Certificate was renewed, Mr Borrie was advised if there were further adverse reports a public hearing would be necessary. This was a clear indication to Mr Borrie that his alcohol related offending should cease.

[4] The conviction for assault with intent to injure is serious. Mr Borrie failed to attend the hearing which indicates that he has little or no interest in respect of the application.

[5] Taking all factors into account the Club Manager’s Certificate issued to Mr Borrie is cancelled.

DATED at WELLINGTON this 24th day of September 2012

B M Holmes
Secretary

Adrian Horne-2.doc(aw)