Joy v Guinan [2012] NZLLA 417 (26 April 2012)

Last Updated: 12 June 2012

[2012] NZLLA PH 417

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 cancellation of General Manager's Certificate number GM/060/381/2008 issued to SARAH HELEN GUINAN

BETWEEN STUART JOHN JOY

(Police Officer of Christchurch)

Applicant

AND SARAH HELEN GUINAN

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Dr J Horn

HEARING at CHRISTCHURCH on 18 April 2012

APPEARANCES

Sergeant A J Lawn – NZ Police – applicant
No appearance by or on behalf of respondent
Miss F A Proudfoot – Christchurch District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] The Police have brought an application for the cancellation of the General Manager's Certificate issued to Ms Guinan. At the hearing there was no appearance by Ms Guinan.

[2] In accordance with s.135(3)(b) of the Act it was proved that on 5 April 2012 Ms Guinan was convicted of assault with intent to injure. The incident occurred on 23 August 2010. The incident involved an attempt by associates of Ms Guinan to obtain repayment of a drug debt. Pepper spray was sprayed into the face of the victim.

[3] Whilst Ms Guinan’s role in the incident was of lesser severity than that of the main protagonists, nevertheless it is clear that she was consorting with undesirable persons who were involved in the drug industry.

[4] In these circumstances in accordance with s.135(6) of the Act it is desirable that Ms Guinan’s General Manager's Certificate be cancelled. There is no place in the liquor industry for anyone involved in the peddling of illicit drugs.

[5] Accordingly Ms Guinan’s General Manager's Certificate is cancelled.

DATED at WELLINGTON this 26TH day of April 2012

B M Holmes
Secretary

Sara Guinan.doc(aw)