Murray [2012] NZLLA 581 (25 May 2012)

Last Updated: 4 July 2012

[2012] NZLLA PH 581

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by PAULINE MARGARET MURRAY pursuant to s.123 of the Act for renewal of a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Mr P M McHaffie

HEARING at WHAKATANE on 15 May 2012

APPEARANCES

Ms P M Murray – applicant
Senior Sergeant B Jenkins – NZ Police – in opposition
Mr J R Farrell – Whakatane District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] The Police opposed the application by Pauline Margaret Murray for the renewal of a General Manager's Certificate upon the grounds that on 25 May 2008 and on 8 December 2009 she drove motor vehicles with excess alcohol in her system. On the second occasion the amount of alcohol in her blood was over three times the legal limit. On each occasion she was convicted and sentenced.

[2] Since the second drink driving conviction the applicant has voluntarily undertaken 12 months alcohol abuse counselling. She has retained her employment at the “Java Man Cafe” in Whakatane. She came before the Authority with good references.

[3] Ms Murray’s General Manager's Certificate had expired on 15 October 2010. Normally in a situation such as this the General Manager's Certificate would be renewed for a truncated period. That is inappropriate in this case.

[4] Ms Murray’s General Manager's Certificate is renewed for three years from 15 October 2010.

DATED at WELLINGTON this 25TH day of May 2012

B M Holmes
Secretary

Pauline Murray.doc(aw)