Cobb [2000] NZLLA 1188 (19 October 2000)

Last Updated: 16 February 2012

Decision No. PH 1188/2000

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ROHAN JAMES COBB 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 HAMILTON on 4 April 2000

APPEARANCES

Mr R J Cobb – applicant in person
Sergeant F A Grace – NZ Police – in opposition
Mr T Van Der Heijden – Hamilton District Licensing Agency Inspector – to assist

DECISION

This is an application by Rohan James Cobb for renewal of a General Manager's Certificate (GM 1922/98). The application was opposed by the Police resulting in the matter being set down for public hearing.

By consent the Police evidence was heard first, Sergeant F A Grace told us:

"At the time that Mr Cobb's original (certificate) was issued, in 1998, he had amassed three excess breath alcohol convictions, one failing to accompany an enforcement officer and one attempted theft conviction.

Two of the excess breath alcohol convictions were two years old in 1998, and all the other convictions were considered to be historic in nature.

At the time of issuing the original (certificate), the benefit of the doubt was afforded to Mr Cobb and no objection to his application was made.

However in the twelve months since the issuing of the (certificate) the applicant, Mr Cobb has been convicted of a further two charges of excess breath alcohol.

The offence dates for the excess breath alcohol are 28 June 1998 and 23 September 1998 respectively ..."

[A search of the Authority's records determined that the original certificate issued on 8 July 1998].

"Whilst they do not occur with any other form of offending, there is a rather worrying tendency of offending developing, this offending has occurred while Mr Cobb has been granted a General Manager's Certificate.

It is submitted by the Police that Mr Cobb ... has great difficulty in controlling his own habits in relation to the consumption of alcohol, his subsequent actions and in complying with the law ... Mr Cobb is not a fit and proper person to hold a General Manager's Certificate."

Mr Cobb was convicted on 30 March 1999 of driving on 28 June 1998 with a breath/alcohol level of 571 mgms/litre of breath and sentenced to four months periodic detention. On 21 October 1998 he was convicted on a similar charge. He was sentenced to 50 hours of community service and disqualified from driving for six months, and given a final warning.

Mr Cobb explained the circumstances leading to his convictions, including threats to him and his family, which placed him under stress. For the last 12 months he has been treated for a serious illness and forbidden to drink alcohol, and is unable to perform any demanding physical work. Since January 2000 he has been working part time at a hotel in Te Awamutu where, he told us, he has had support of the licensee.

At the end of the hearing we invited Mr Cobb to provide a medical certificate from the medical practitioner who had been treating his illness. We received an unsigned response on 16 June 2000 and requested further details.

Mr Cobb then advised our secretariat that his medical practitioner was out of the country and he would not return until July.

On 18 September 2000 our secretariat again requested an up to date report on Mr Cobb's medical condition. His medical practitioner subsequently advised:

" ... I have not seen Mr Cobb since 13/01/1999."

On 20 September 2000 we invited Mr Cobb to comment. There has been no reply.

Conclusion

In considering any application for renewal of a Manager's Certificate, the Authority is required by s.126 to have regard to the following matters:

"(a) The character and reputation of the applicant:
(b) Any convictions recorded against the applicant since the certificate was issued or last renewed:
(c) The manner in which the manager has managed the sale and supply of liquor pursuant to the licence with the aim of contributing to the reduction of liquor abuse:
(d) Any matters dealt with in any report made under section 124 of this Act."

Any applicant for renewal of a General Manager's Certificate who has a history of alcohol misuse faces a substantial difficulty. When Mr Cobb was granted a certificate, the Police said they gave him the "benefit of the doubt". That stance, with hindsight, appears to have been generous. Before the certificate issued and again less than three months later, he offended. The pattern of his breath/alcohol offending is lengthy.

After having regard to the criteria contained in s.126, we accept the Police recommendation that Mr Cobb is not a suitable person to hold a General Manager's Certificate.

The application for renewal of General Manager's Certificate No. GM 1922/98 is refused.

DATED at WELLINGTON this day of October 2000

R J S Munro J W Thompson
Member Member

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