Leslie [2012] NZLLA 848 (27 July 2012)

Last Updated: 22 August 2012

[2012] NZLLA PH 848

IN THE MATTER of the Sale of Liquor Act 1989

AND

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

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at WELLINGTON on 18 July 2012

APPEARANCES

Mr D Leslie – applicant
Constable L Diamond – NZ Police – in opposition
Mrs V M Coull – Hutt District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Dion Leslie pursuant to s.123 of the Act for renewal of a General Manager's Certificate. Mr Leslie has held a General Manager's Certificate since August 2000. However, the certificate lapsed because he was not working in the industry. He was granted another certificate in May 2005. That certificate was subsequently renewed in 2006 and 2009 and was due to expire on 12 May 2012. The current application for renewal was made within time on 4 May 2012.

[2] On the application for renewal Mr Leslie disclosed two recent convictions incurred since the certificate was last renewed. The criteria we must consider on a renewal application are set out in s.126 of the Act and include convictions since the certificate was issued or last renewed. The application was opposed by the Police on this basis.

[3] The evidence, which is accepted, is that Mr Leslie was convicted in the Wellington District Court on 29 June 2011 for driving with an excess breath alcohol content of 669 micrograms of alcohol per litre of breath. The legal limit is 400 micrograms of alcohol per litre of breath. He was fined $700 and disqualified from driving for seven months.

[4] The situation was compounded when Mr Leslie was convicted three months later for driving while disqualified. He was convicted on 20 September 2011 in the Lower Hutt District Court and fined $300 together with Court costs and disqualified from driving for a further six months. Mr Leslie also has a previous conviction for driving with an excess breath alcohol level in 2002. We note that was now 10 years ago and that the certificate has been reissued and renewed without incident since then.

[5] Mr Leslie is the general manager for “Strike Entertainment Centres” in Lower Hutt and Porirua. He has worked in the industry for the last 16 years. This is the first time that he has come to the attention of the Authority.

[6] Mr Leslie utilises his certificate on a regular basis and advised us that his role requires him to hold a General Manager's Certificate. He has supportive references from his employers.

[7] Mr Leslie spoke of 2011 as being a period of particular stress in his life but acknowledges that this does not excuse his actions. He has however, since these convictions, received assistance to deal with a stressful situation in his life. He also acknowledges that a valuable lesson has been learned.

[8] Mr Leslie is perhaps fortunate that the Police have not applied to suspend or cancel his certificate as we would normally have expected to be the case. However, we do not have such an application in front of us.

[9] In terms of the renewal application, given his previous good history we are prepared to renew the certificate but only for the period of one year which may be termed a probationary year. The certificate will now expire on 12 May 2013.

[10] Mr Leslie should be under no illusion however that his certificate may be placed at risk should any further incidents occur during the renewal period.

[11] The application is granted.

DATED at WELLINGTON this 27th day of July 2012

B M Holmes
Secretary

Dion Leslie.doc(aw)