Jordan, re [2008] NZLLA 80 (4 February 2008)

Last Updated: 20 February 2010

Decision No. PH 80/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by NICHOLAS ADAM JORDAN 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: Dr J Horn

HEARING at NAPIER on 24 January 2008

APPEARANCES

No appearance by or on behalf of applicant
Mr J H Lovatt – Hastings District Licensing Agency Inspector – in opposition
Sergeant R M Gordon – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Nicholas Adam Jordan for a General Manager's Certificate.

[2] The application was filed with the Hastings District Licensing Agency in July 2007. At the time Mr Jordan was employed at licensed premises known as the "Angus Hotel". He was able to produce a supportive reference in which it was indicated that Mr Jordan had a good understanding of the laws regarding the sale of liquor and that the management was pleased that he considered himself ready to take the next step and apply for his manager's certificate. Mr Jordan is the holder of the Licence Controller Qualification.

[3] Mr Jordan disclosed convictions and the evidence is that at the age of 18 Mr Jordan was charged with theft in Rangiora. He was duly convicted, fined and ordered to pay reparation.

[4] Just before his 19th birthday on 8 May 2004 Mr Jordan was involved in a shoplifting incident and he appeared before the Hastings District Court where he was ordered to do community work. Mr Jordan breached the community work and in June of that year, he was given a final warning.

[5] He continued to breach that order of the Court and a month later was sentenced to imprisonment for 21 days. There is a pattern of offending there which might be considered to be part of his immaturity and as has been pointed out by the Inspector, the case of G L Osborne LLA 2388/95 is on point. In that case the Authority stated:

"Without fettering ourselves in this or other applications, it may be helpful if we indicate that we commonly look for a five year period free of any serious conviction or any conviction relating to or involving the abuse of alcohol or arising in the course of an applicant’s duty on licensed premises."

[6] The Inspector had a discussion with Mr Jordan and indicated that he might have a problem with his application. At that time Mr Jordan stated that he wished to proceed with a public hearing. We also heard from Sergeant R M Gordon who holds the portfolio for liquor licensing in the Hastings area. He noted that on 28 July last year the Police had located a 17 year old with two dozen bottles of Tui beer. The 17 year old advised that he had purchased the beer at the "Angus Inn". He identified the seller. The seller had asked the 17 year old for identification but Mr Jordan who was in the bottle store at the time told the seller that he knew that the youth was over 18 because he had previously sold liquor and identified him.

[7] Mr Jordan was spoken to but he was not charged because he was not the direct seller and furthermore he said that the 17 year old purchaser had come to the store on a number of occasions with youths. They had all been identified as far as he could recall and that is why he allowed the sale to proceed.

[8] Mr Jordan was given a warning but it is the other incident which confirms our general view that at this time Mr Jordan does not meet the criteria set out in s.121 of the Act. We believe that there is no reason why the five year period (or thereabouts) should not apply.

[9] Finally we note that Mr Jordan has failed to appear in support of his application and we assume therefore that he has no interest in proceeding. There is no explanation for his non appearance. We therefore propose to decline the application and give an indication that if Mr Jordan applies for a General Manager's Certificate, provided he had support, in 12 months time then he may have more success.

[10] For the reasons given the application is declined.

DATED at WELLINGTON this 4th day of February 2008

B M Holmes
Deputy Secretary

Nicholas Jordan.doc(aw)