Manning, re [2002] NZLLA 165 (10 April 2002)

Last Updated: 24 February 2010

Decision No. PH 165/2002

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ANTHONY ARTHUR MANNING pursuant to s.123 of the Act for renewal of a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr J C Crookston

HEARING at CHRISTCHURCH on 13 March 2002

APPEARANCES

Applicant in person
Mr A C R Sullivan – Christchurch District Licensing Agency Inspector – to assist
Sergeant J F Armstrong – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Anthony Arthur Manning pursuant to s.123 of the Act, for the renewal of his General Manager's Certificate. The criteria which this Authority must have regard to are contained in s.126 of the Act. These criteria are:

"(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 s.124 of this Act."

These reports are made by the Agency Inspector and the Police.

[2] There are no concerns about Mr Manning’s character and reputation.

[3] In terms of the manner in which he has managed the sale and supply of liquor with the aim of contributing to the reduction of liquor abuse, Mr Manning has had 25 years in the hospitality industry both in Europe and New Zealand. He had held a General Manager's Certificate for the past 13 years, and managed a wide variety of licensed premises. Up until recently he was general manager of the Christchurch branch of a large corporation which was responsible for the various licensed outlets at the Christchurch Airport. During his involvement within the industry, there have never been incidents concerning liquor abuse, or any other problems with the Police, the public, or the District Licensing Agency.

[4] The only issue before this Authority is a conviction which was recorded against Mr Manning on 21 September 2000 in the Christchurch District Court for driving with an excessive breath alcohol content. It appears that Mr Manning had stopped at a service station. He had left the car running to get some food. He then fell asleep and was awoken by the Police almost an hour later. His level when tested was 680 micrograms of alcohol per litre of breath.

[5] Mr Manning appears to have been quite devastated by the conviction, and the financial and social consequences. We have seldom seen a person with more remorse for what has happened.

[4] We have said in the past, and we repeat for the record, that incidents involving abuse of liquor are often treated by this Authority more severely than if the incident had happened to a normal citizen. In other words it is expected that duly certified managers of licensed premises will be fully aware of the dangers of liquor abuse, and will therefore set an example to the rest of the community.

[5] Having said that, we are perfectly satisfied in this case that a renewal should be granted. We are inclined to adopt the recommendation of the Agency Inspector that it not be the full three years.

[6] There is a further reservation which we have. Since the incident, Mr Manning has left his employment as general manager of the Christchurch branch of the company for whom he was working. He has become involved in advertising and marketing. However, he is very keen to return to the hospitality industry. This has to some extent been put off because of his uncertainty about whether his manager's certificate would be renewed. He believes that with a renewed certificate he will be able to obtain employment. We make the observation that when his application next comes up for renewal, he will need to have employment in the industry and the support of any employer.

[7] We propose to renew the manager's certificate for a period of 18 months which should take it through to 29 May 2003. That extra year will give the various reporting agencies the opportunity to monitor Mr Manning's progress.

[8] The renewal is granted accordingly.

DATED at WELLINGTON this 10th day of April 2002

Judge E W Unwin Mr J C Crookston
Chairman Member

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