Brown v Hancox [2004] NZLLA 738 (20 October 2004)

Last Updated: 22 January 2012

Decision No. PH 738/2004

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 243/2001 issued to DARYL JOHN HANCOX

BETWEEN NOEL RAYMOND BROWN
(Police Officer of Christchurch)

Applicant

AND DARYL JOHN HANCOX

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at Christchurch on 11 October 2004

APPEARANCES

Sergeant N R Brown – NZ Police – applicant
Mr D J Hancox – respondent
Mr M Ferguson – Christchurch District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application brought by a Police Officer for the cancellation of a General Manager’s Certificate issued to Daryl John Hancox. Mr Hancox was granted his General Manager’s Certificate against the opposition of the Police on 23 May 2002. The decision was recorded under LLA PH 264/2002.

[2] The application before the Authority is on the grounds that Mr Hancox’s conduct has been such as to show that he is not a suitable person to hold the certificate. The Police application refers to an incident on 10 August 2003 where Mr Hancox was found to be in a licensed premises. Apparently there had been a dispute over payment of drinks. Mr Hancox was deemed to be intoxicated, and was warned on two occasions for using offensive language. He was subsequently trespassed. Eventually, he was arrested and duly appeared in the Christchurch District Court on 6 April of this year. He was fined a total of $500 on two charges of resisting Police, and disorderly behaviour likely to cause violence. Of interest is the fact that this is his third charge of resisting the Police, having previous charges in 1992.

[3] When the application was called, Mr Hancox requested an adjournment. Although he had received the papers some three weeks ago, he had finally been able to contact a lawyer on the morning of the hearing. The lawyer had suggested that an application for adjournment be made. Mr Hancox confirmed that he was no longer working in any commercial aspect of the industry, but used his General Manager’s Certificate as a voluntary manager at the Canterbury Bowling Club on a rostered basis. The Authority took time to consider the matter particularly because pursuant to s.135(4) of the Act, applications for cancellation or suspension of General Manager’s Certificates are to be heard at the earliest practical date.

[4] In the interim, it has been accepted by the applicant and the respondent that a suspension of the certificate is appropriate in the circumstances. We accept the resolution of the issue as proposed. The proposed suspension is for six months which is the maximum period of time allowable under s.135 of the Act.

[5] The Police clearly take the view that Mr Hancox is unsuitable to conduct licensed premises in any public form. They are seeking an undertaking from Mr Hancox that once the suspension period has been completed, then he will only use his General Manager’s Certificate at the Canterbury Bowling Club until the certificate falls due for renewal on 23 May 2006. At that time, a further assessment will be made to see whether the application will or will not be opposed.

[6] With the consent of the parties, therefore, the Authority records Mr Hancox’s undertaking that between this date and 23 May 2006, he will only use his General Manager’s Certificate at the Canterbury Bowling Club. Further, that any exception to that undertaking may be granted only by either the Inspector or by this Authority.

[7] On the basis of that undertaking, General Manager’s Certificate number 243/2001 issued to Daryl John Hancox is suspended for six months as from Monday, 11 October 2004.

DATED at WELLINGTON this 20th day of October 2004

Judge E W Unwin Mr J C Crookston
Chairman Member

Hancox.doc(ac)