Fairclough [2000] NZLLA 1139 (15 September 2000)

Last Updated: 16 February 2012

Decision No. PH 1139/2000

IN THE MATTER of the Sale of Liquor Act 1989

AND

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

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum:

Mr R J S Munro

Mr J W Thompson

HEARING at CHRISTCHURCH on 16 August 2000

APPEARANCES

Mr W R Fairclough – applicant
Mr A C R Sullivan – Christchurch District Licensing Agency Inspector – in opposition
Constable G J Moore – NZ Police – in opposition

DECISION

1. This is an application by Wayne Roy Fairclough for renewal of a General Manager's Certificate. The application was opposed by the Police and a District Licensing Agency Inspector and set down for public hearing. By consent we first heard from the Police and the Inspector.
   
2. Constable Moore called Constable R L Williams who told the Authority that a computer check revealed Mr Fairclough's convictions as follows:
   

"DATE COURT OFFENCE RESULT

14/04/00 DC Christchurch Operated a Vehicle Total Fines
Carelessly $350

28/08/97 DC Christchurch Breach of Periodic Non Resident PD
Detention 3 Months

18/02/97 DC Christchurch Burgles (Other Property) Special
(Under $500) By Night Conditions
Non Resident PD
5 Months

Supervision

1 Year
5 Months
Order – Blood
Sample

08/12/93 DC Christchurch 2 Charges Total Fines
Unlawfully on Property $300

08/06/87 DC Christchurch Careless or Inconsiderate Total Fines
Driving Causing Death $300
Or Injury Disq. Driving
3 Months "

3. In view of the number and pattern of convictions, Constable Williams urged that the Certificate should not be renewed. She produced a summary of facts for the burglary in 1997. It showed that on 5 February 1997 Mr Fairclough was discovered in a garage on private property, hiding under the barbecue cover.
   

"The Police were called and the defendant spoken to ... he (said he) was taking the tools for money to support a drug habit as he was unable to get on the methadone programme."

4. Mr A C R Sullivan, a Christchurch District Licensing Agency Inspector, referred to his report dated 19 May 2000 in which he also opposed the application. Mr Sullivan said that in reporting on the 1997 renewal application, it appeared that earlier convictions had not been disclosed. He was aware that Mr Fairclough had worked in a tavern-style premise, Jetts Bar in South Brighton, Christchurch, from September 1997 until earlier 2000. Mr Sullivan said he had no cause for concern over the operation of Jetts Bar. Mr Sullivan had asked Mr Fairclough why the earlier application did not list the careless/inconsiderate driving causing death or injury conviction (from June 1987) and he had replied that the application was written by somebody else. Mr Sullivan recognised the writing as belonging to Mr W Holmes, previously an Inspector with the Agency, and commented:
   

"I acknowledge that Mr Holmes (ex Inspector) has completed the relevant portion of the form, (but) it would no doubt have been in conjunction or discussion with Mr Fairclough."

5. Mr Fairclough had signed the application.
   
6. Mr Sullivan concluded:
   

"I have ... become aware of the details in the Police Summary of Facts relating to the burglary conviction. Despite the fact that Mr Fairclough must surely have been aware that I would check those details, he gave me a totally different picture as to that incident."

7. Mr Fairclough appeared for himself. He told the Authority that he worked from home as a metal polisher and although he is not currently using the Certificate, wishes to keep it for possible future use. In answer to questions he agreed that during the 1997 burglary he had been on drugs and was unsure what he had done for three to four hours. He did not deny having burglary instruments in his possession, nor the admission to the Police of his drug habit. In answer to questions on provisions within the Act, Mr Fairclough did not know what a "restricted" designation was in licensing terms.
   
8. In closing submissions the Police reiterated their opposition to the application, emphasising the need for further training and employment first as a barman. Mr Sullivan, a Christchurch District Licensing Agency Inspector, reminded the Authority that Mr Fairclough had not disclosed all his convictions and had painted a different picture in an interview from that which later emerged.
   

Conclusion

9. Any applicant for the grant or renewal of a General Manager's Certificate who has problems with alcohol or drugs, faces a substantial difficulty. In this application, that difficulty combined with a lack of up to date knowledge of the Act, and not being employed in the industry, combine to preclude renewal of the Certificate.
   
10. After having regard to the criteria contained in s.126 of the Act, the application to renew General Manager's Certificate GM 587/96 is refused.
    

DATED at WELLINGTON this day of September 2000

R J S Munro J W Thompson
Member Member

wfairclough.doc(sh)