Newson [2000] NZLLA 1258 (24 November 2000)

Last Updated: 15 February 2012

Decision No. PH 1258/2000

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by KEITH GORDON NEWSON pursuant to s.118 of the Act for a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum:

Mr R J S Munro
Mr J W Thompson

HEARING at WELLINGTON on 19 September 2000

APPEARANCES

Mr K G Newson - applicant
Senior Sergeant D Chapman – NZ Police – in opposition
Mr R C Rainey and Mrs D Robertson – Porirua District Licensing Agency Inspectors – in opposition

DECISION

1. This is an application by Keith Gordon Newson for a General 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. By consent we heard first from Senior Sergeant D Chapman. He told us that Mr Newson admitted four convictions when completing his application form. Yet
   

“ ... the applicant has 10 previous convictions, at least one of which is an offence of dishonesty within the 5 year rule”.

3. Senior Sergeant Chapman produced a list of Mr Newson’s undeclared convictions:
   

“13.07.99 Theft Ex Car
30.12.96 Excess Breath Alcohol
29.08.96 Breach of Periodic Detention
14.03.96 Failing to Answer Bail
Breach of Community Service
Unlawfully Getting into a Motor Vehicle
Theft
13.12.94 Assault
17.10.94 Unlawfully Taking a Motor Vehicle
Theft”.

4. Other convictions, listed by Mr Newson in his application were two charges of theft, one of unlawful entering, and one for unlawful damage.
   
5. Mr R C Rainey, a Porirua District Licensing Agency Inspector, referred us to a report dated 26 June 2000 prepared by another Inspector, Mrs D Robertson, after she had interviewed Mr Newson. It concluded:
   

“I am unable to recommend that this applicant, Kevin Gordon Newson, is suitable to hold a General Manager’s Certificate. However he did display a good knowledge of the Sale of Liquor Act”.

6. Mr Newson told the Authority he is 23 years of age. He has worked in a variety of occupations but he enjoys working in bars. He has been employed at a Porirua tavern where he works between 15 and 20 hours a week.
   
7. Mr Newson has attended courses in Hospitality and Catering Operations, Host Responsibility, and Cocktail making.
   
8. He admitted his convictions but he said he has stopped drinking alcohol. After a car accident in 1995 he injured his back and suffered impaired hearing. Since then he had “changed direction”. He had associated with the “wrong crowd” but he moved away from them and returned to live with his family.
   
9. At the conclusion of the hearing we requested that Mr Rainey provide a supplementary report on Mr Newson’s application, after an interview. We also asked the Police to provide the summary of facts for each conviction.
   
10. Mr Rainey interviewed the applicant’s manager, Mr David Akavi. Mr Rainey in a report dated 5 October 2000 to our Secretary said that the applicant was:
    

“employed primarily as a bar tender but has carried out management functions on a limited basis also. In the event this application is successful he will undertake three months in-house managerial training before taking up a position as a duty or sole manager”.

Mr Akavi told the Inspector he had witnessed the applicant handling stressful situations and obstreperous customers on several occasions. The applicant dealt with each incident in a cool, calm manner.

11. Mr Newson has obtained favourable references from a former manager and fellow worker.
    
12. The Police have provided fact summaries relating to three of the offences committed by Mr Newson:
    
    •  30 December 1986 convicted in Wellington District Court for driving with excess breath alcohol.

14 July 1996 convicted in the Porirua District Court on two charges of theft.

 13 July 1999 convicted in the Wellington District Court for stealing two jackets from a parked car.

13. Following the hearing a letter was received from Mr Newson. He wrote that he had been employed as a bar manager at premises in Whitby.
    

Conclusion

14. In determining an application for a General Manager’s Certificate we are directed by s.121(1) 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 or conveyance 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."

15. The number of convictions recorded by Mr Newson amply justify the Police and Inspectors’ opposition.
    
16. In the applicant’s favour is his experience and training. Despite this the nature and recency of the last offence cannot be disregarded. He did not accurately answer the questions regarding his convictions and, as we have said in previous decisions, that in itself raises a question of character in terms of s.121(1)(a) of the Act.
    
17. In considering the overall suitability of an applicant for an on-licence, Holland J noted in the High Court in Re Sheard [1996] 1 NZLR 751 at 758:-
    

“...previous conduct is very relevant and I do not wish it to be thought that persons with previous convictions can expect licences to be easily granted, nor however, should licences be refused merely because of previous convictions.

The real test is whether the character of the applicant has been shown to be such that he is not likely to carry out properly the responsibilities that go with the holding of a licence”.

We apply a similar test in relation to applicants for General Managers Certificates.

18. We are not persuaded that the grant of a certificate is appropriate at this time. We would not preclude the possibility of a successful application in the future. It would assist if any such application was supported by the Police and a District Licensing Agency Inspector. Recent character references from people of standing in the community would also assist.
    
19. The application is refused.
    

DATED at WELLINGTON this day of 2000

R J S Munro J W Thompson
Member Member

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