Pearson [2012] NZLLA 583 (25 May 2012)

Last Updated: 5 July 2012

[2012] NZLLA 583

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SHELLEY ANNE PEARSON pursuant to s.118 of the Act for a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us an application by Shelley Anne Pearson for a General Manager’s Certificate.

The Police opposed the application because Ms Pearson had incurred a conviction for a traffic offence under s.30ZC(2)(b) of the Land Transport Act 1998. The offence, which occurred in May 2010, was not liquor related.

The Agency Inspector supported Police opposition and referred the matter to the Authority in October 2011 for determination at a public hearing. Those proceedings were scheduled for March 2012.

However, the regulatory authorities drew our attention to our decision G L Osborne NZLLA 2388/95 which sets our generally accepted approach of a minimum two year ‘stand down’ period following an offence. They requested that the matter be adjourned until May 2012 on the understanding that if no further offending occurred, opposition would be withdrawn.

The Police and Agency Inspector have advised our Secretary that there have been no further matters of concern brought to their attention during the period of adjournment, and they recommend that the application be approved.

We are satisfied as to the matters to which we must have regard in s.121(1) of the Act and we grant the application. The certificate may issue immediately.

DATED at WELLINGTON this 25th day of May 2012

B M Holmes
Secretary

Shelley Pearson.doc(ab)