Cox, re [2004] NZLLA 619 (6 September 2004)

Last Updated: 24 November 2010

Decision No. PH 619/2004

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by NATHAN STEPHEN COX pursuant to s.118 of the Act for a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr J C Crookston

HEARING at HAMILTON on 23 August 2004

APPEARANCES

Mr N S Cox - applicant
Mr T P Van Der Heijden - Hamilton District Licensing Agency Inspector - to assist
Sergeant S A Inness - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Nathan Stephen Cox for a General Manager’s Certificate. Mr Cox fills most of the criteria which are set out in s.121 of the Act. At the time of his application Mr Cox was employed by “Super Liquor Te Rapa” and was regarded as a highly respected member of the staff. While working for “Super Liquor Te Rapa” Mr Cox was encouraged to apply for his General Manager’s Certificate, and indeed has helped to run the business as a temporary manager from the time when he applied for his certificate in August 2003. Mr Cox completed a course of training with Swain and Associates.

[2] When the application was lodged the Police supplied an adverse report based on a conviction for disorderly behaviour under the Summary Offences Act. The Police evidence disclosed that on a Friday evening Mr Cox was the passenger in a car in Victoria Street in Hamilton. He had been consuming alcohol and was said to be intoxicated. Victoria Street was quite busy, and as the Police vehicle passed, Mr Cox used a loud hailer to swear at the Police. The language was heard some distance away. Accordingly, Mr Cox was charged and pleaded guilty in the Hamilton District Court and was fined $100. Mr Cox has accepted that he was quite immature at the time. The incident happened some two and a half years ago, and although he had been drinking, he pointed out that he has not been in trouble since. He feels that he has grown up and matured considerably since that time.

[3] Mr Cox has just started a course at university which will take him some three years. He has also, (apart from being a part-time student), become employed as an event organiser. He is consequently not working in the hospitality industry at present. However, being a student, he aims to use his certificate, albeit on a part-time basis, at licensed premises particularly during holiday periods.

[4] There are accordingly two matters of concern so far as the application is concerned. The first relates to the conviction. The Police accept that it is not necessarily of a serious nature, but did involve a public display of inappropriate language combined with the abuse of liquor. Having heard from Mr Cox we are prepared to accept that he holds no particular chip on his shoulder concerning the Police. We treat the incident as something that happened some time ago, and has to a large extent been overtaken by time. So far as the conviction is concerned a period of two years has elapsed. The conviction can be seen as isolated, and we do not see this as an impediment to the grant of the certificate.

[5] The other matter concerns Mr Cox’s involvement with the hospitality industry. He does have the necessary experience. The Authority has said a number of times that certificates should not be issued in a vacuum. They should be living documents. In other words they will not be issued just so they can become part of a person’s CV, or what is known as a bankable resource. For a certificate to have effect, Mr Cox needs to have the support of the owner of licensed premises. Mr Cox needs to satisfy an employer that he is a person who can be trusted to run the licensed premises on his own.

[6] Mr Cox must therefore decide whether his career path is with event management, and/or the university, or whether it is with the hospitality industry. We are prepared to give him six months to make that decision. If in six months time Mr Cox is able to show that he has the committed support of an employer who is prepared to employ him on a regular if part time basis, then the application will be granted on the papers. If on the other hand Mr Cox has been unable to find that level of support or a regular part-time job in the industry, then it may be that either a further adjournment will be necessary, or the application may have to lapse.

[7] Accordingly, the application will be adjourned for six months to give Mr Cox the opportunity to find the necessary employment and support.

DATED at WELLINGTON this 6th day of September 2004

Judge E W Unwin Mr J C Crookston
Chairman Member

Cox.doc(nl)