Waszak [2000] NZLLA 1181 (18 October 2000)

Last Updated: 16 February 2012

Decision No. PH 1181/2000

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by WAYNE MARK ANTHONY WASZAK pursuant to s.118 of the Act for a Club Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum:

Mr R J S Munro
Mr J W Thompson

HEARING at WELLINGTON on 20 September 2000

APPEARANCES

Mr W M A Waszak – applicant in person
Sergeant G D Logan – NZ Police – in opposition
Mr R S Putze – Wellington District Licensing Agency Inspector – to assist

DECISION

1. This is an application by Wayne Mark Anthony Waszak for a Club Manager's Certificate.
   
2. The application was opposed by the Police, resulting in the matter being set down for public hearing.
   
3. By consent we first heard from Sergeant G D Logan. He told us that Mr Waszak has two convictions for driving with alcohol levels over the legal limit. The first was in 1993 when the level was 647 micrograms per litre of breath (legal limit 400 micrograms). The second conviction was in 1996 when his blood alcohol level was 136 milligrams of alcohol per 100 millilitres of blood (legal limits 80 milligrams).
   

"As the applicant has only been conviction free during the past four years, Police request that the applicant's suitability be considered ..."

3. Mr R S Putze, a Wellington District Licensing Agency Inspector, confirmed his report which was prepared after an interview with Mr Waszak. It included:
   

"... due to the applicant's knowledge of the Sale of Liquor Act and involvement with the club, I recommend that (the applicant) be granted a Club Manager's Certificate."

4. Mr Waszak has been a member of the Island Bay Services Club for nine years and he has served on the Executive Committee for the past six years. The club has 117 members and operates seven days a week from 4.00 pm to 11.00 pm. Only one member is a certificated Club Manager and Mr Waszak, who works in the bar, now seeks this certificate to ensure the club observes its responsibilities under the Sale of Liquor Act. He is regularly involved in the activities of the club.
   
5. Mr Waszak produced references from the Secretary, the Treasurer and the past Treasurers of the club in support of his application.
   
6. Mr Waszak's last offence occurred when he stopped his car on a steep road and failed to apply its handbrake properly. The car rolled over a bank and hit a house. He was fined $400 and disqualified from driving for six months.
   

Conclusion

7. In considering an application for a Club Manager's Certificate we are required by s.121(2) of the Act to have regard to the following matters:
   

"(a) The character and reputation of the applicant:

(b) Any convictions recorded against the applicant:

(c) Any experience, in particular recent experience, that the applicant has had in managing any premises in respect of which a licence was in force:
(d) Any relevant training, in particular recent training, that the applicant has undertaken and any relevant qualifications that the applicant holds:
(e) Any matters dealt with in any report made under section 119:
(f) Where the applicant intends to be the manager of a particular club, the extent of the applicant's involvement in the management and activities of the club."

8. Mr Waszak's most recent conviction was four years ago. When there have been cases of two or more convictions involving alcohol, we have frequently indicated there should be a five year period "clear" from the last conviction.
   
9. As we commented in an application by V A Marx (LLA 946-947/97):
   

"... our focus of attention must be directed towards the likelihood of the applicant carrying out in full the substantial obligations under the Sale of Liquor Act. When a client's or patron's wishes and law tug in different directions, little may stand between the law being upheld and a licensee or manager simply choosing to look the other way. A crucial aspect of suitability is our assessment of the applicant's likelihood of upholding the law."

10. In this application we are satisfied that Mr Waszak will encourage club members to uphold provisions of the Act.
    
11. We will grant the application.
    

12 Mr Waszak should be aware that the Police or a District Licensing Agency Inspector may apply at any time to cancel or suspend the certificate if grounds exist.

13 The application is granted.

DATED at WELLINGTON this day of October 2000

R J S Munro J W Thompson
Member Member

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