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Niu [2000] NZLLA 1257 (24 November 2000)

Last Updated: 15 February 2012

Decision No. PH 1257/2000

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by DAVID JOSEPH NIU 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 27 October 2000

APPEARANCES

Mr D J Niu – applicant
Sergeant S R Pye – NZ Police – in opposition
Mrs D Robertson – Porirua District Licensing Agency Inspector – in opposition


DECISION


  1. This is an application by David Joseph Niu for a Club Manager’s Certificate. The application was opposed by the Police and a Porirua District Licensing Agency Inspector resulting in the matter being set down for public hearing.
  2. Mr Niu said he had been working at the bar of a Wellington rugby club during the past season, and he had been invited to become the manager. He submitted a letter from the honorary secretary of the club confirming the invitation. Mr Niu was employed by New Zealand Post until he volunteered for redundancy. He now works part time for a computer company as a teacher’s aide.
  3. Mr Niu said that if a certificate was granted he would be working from 2.00 pm on Saturdays to 1.00 am on Sundays. The club premises may also be used for private functions.
  4. Sergeant G D Logan, reported that when completing the application form Mr Niu had listed one conviction:

“Driving fine – long time ago 1989-90?”.


  1. Sergeant Logan said:

“The applicant has four convictions. The first two are for an incident on 17 September 1987. The applicant was convicted for wilful damage and assault on Police on 21 October 1987 ...

The third conviction is for driving with excess breath alcohol on 3 September 1998. The blood alcohol level recorded was 98 mls/litre of blood (c.f. the legal limit of 80 mls/litre of blood) with the conviction being gained on 20 November 1998.

The latest offence is for breach of Community Service that arose from failing to complete Community Service for the 1998 conviction for excess blood alcohol. The conviction was gained on 2 May 2000.

...

As the applicant has gained two convictions during the last two years, has chosen to breach an order imposed by the Court, has only been conviction free during the past five months and failed to declare his convictions Police request that the applicant’s suitability be considered ... “.


  1. In answer to questions from the Authority Mr Niu claimed he notified the Probation Service that he was unable to continue the Community Service because of a back injury. Sergeant Logan, in reply, said there is no record of such advice from Mr Niu, and highlighted the Court conviction.

Conclusion


  1. In considering any application for a Club Manager’s Certificate the Authority is directed 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”.


  1. Although not holding a certificate Mr Niu has been involved on the club premises “throughout this 2000 season”, the club honorary secretary reports.
  2. Mr Niu did not accurately answer the question regarding his convictions, and, as we have stated in previous decisions, that action raises a question as to his character. The conviction for breaching a Court order is a relatively recent one and does nothing to give us confidence about the applicant’s suitability.
  3. In these circumstances we are not prepared to grant the application.
  4. In so determining we note the comment by Holland J in the High Court in Hayford v Christchurch District Licensing Agency (High Court, Christchurch, 3 December 1993, AP 201/92 pages 9 and 10) in relation to the grant of liquor licences:

“a finding should not be infinite ... I would not want it to be said that because this Court has said he is a person unsuitable to carry on a licence that that should permanently be regarded as the situation ... In the event of him making an application for a new licence under the Act he will, of course, have to face the fact that this finding exists, but it will be for the tribunal considering any such application to consider whether on that occasion and at that time he is a suitable person to hold a licence”.

Similar considerations apply to applications for General and Club Manager’s Certificates.


  1. The application is refused.

DATED at WELLINGTON this day of 2000

R J S Munro J W Thompson
Member Member

Niu.doc(nl)


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