Madeley [2012] NZLLA 207 (5 March 2012)

Last Updated: 20 March 2012

[2011] NZLLA 207

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by IAN MADELEY pursuant to s.118 of the Act for a Club Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

FINAL DECISION

In decision NZLLA PH 774/2009, following a public hearing at Auckland on 24 June 2009, we adjourned an application by Ian Madeley for a club manager’s certificate for 12 months. The Police had opposed the application on the basis of a pattern of offending that had occurred over a lengthy period of time although the most recent conviction, for driving with excess breath alcohol, had occurred three years prior.

We stated in that decision that at the reconvened hearing we would call for further reports and that “we would also expect to receive a report from an alcohol counsellor”.

In decision [2011] NZLLA PH 446, following the reconvened hearing on 17 May 2011, we again adjourned the application because Mr Madeley had still not undergone assessment by an alcohol counsellor as suggested in our first decision.

Approximately one week after the reconvened hearing in 2011, Constable D Fry, who had given evidence at the initial hearing in 2009, contacted Mr Madeley and provided him with the telephone number of an alcohol counselling service within walking distance of the “Newmarket Workingmen’s Club” where Mr Madeley was employed. Constable Fry stated, in an email to our Secretary on 16 January 2012, that there had been no further contact with Mr Madeley since that date.

On 17 January 2012 our secretariat wrote to Mr Madeley to ascertain his intentions but there has been no response to that letter.

In the circumstances we take the inference that Mr Madeley has lost interest in pursuing the matter and we are unable to be satisfied as to the matters to which we must have regard in s.121(2) of the Act. The application is consequently refused.

DATED at WELLINGTON this 5th day of March 2012

B M Holmes
Secretary

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