Linton, re [2002] NZLLA 197 (26 April 2002)

Last Updated: 27 February 2010

Decision No. PH 197/2002

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ALAN JAMES LINTON 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 WHAKATANE on 10 April 2002

APPEARANCES

Mr A J Linton – in person
Mr S G Chapman – Opotiki District Licensing Agency Inspector – in opposition
Senior Sergeant A J Wakelin – New Zealand Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Alan James Linton for the renewal of his General Manager's Certificate.

[2] Mr Linton was first granted a certificate on 10 March 1999. He made application for renewal of that certificate a year later. At that time certain matters of concern were raised by the Police. Subsequently Mr Linton has incurred a conviction. It is that conviction which has delayed the hearing of this application.

[3] The criteria to which this Authority must have regard on any renewal, are contained in section 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 section 124 of this Act.

[4] The initial concerns of both the Police and District Licensing Agency Inspector were unsubstantiated allegations by a member of the public. This person wished to remain anonymous. He or she alleged that Mr Linton had been involved in the selling of drugs across the bar of the Opotiki Hotel where he had worked since prior to March 1999. The Police believed that when spoken to by the licensee of the hotel about that matter, Mr Linton had refused to comment and walked off the job.

[5] In a letter dated 25 March this year, Mr Seymour, the licensee, has confirmed that the allegation was a rumour. According to his letter the allegation was strongly denied by Mr Linton at the time. Since that time, Mr Seymour believes the rumour has been proven to be false. Mr Seymour further went on to say that Mr Linton performed his duties as a bar manager in a reliable and trustworthy manner. He said he would have no hesitation in re-employing Mr Linton.

[6] In the absence of other evidence, we accept that the allegation is unsubstantiated. We are inclined to give Mr Linton the benefit of the doubt. We note that over a period of time he has been drug tested on a regular basis. It is clear that if he did have an involvement with drugs, that would have been reflected in the subsequent drug tests.

[7] What has happened is that since the certificate was granted, Mr Linton has been charged with the crime of unlawful sexual connection. The charge was unlawful sexual connection with a female aged between 13 and 16. He elected trial by jury. He was found guilty and convicted on 9 August 2001. He continues to maintain his innocence. He received a term of imprisonment of three and a half years and is due to be released from that term in October this year. His current status is minimum security. He says that it is his intention upon release from prison to attempt to overturn the conviction.

[8] This is the matter that causes this Authority considerable concern. We remind ourselves of a decision in Osborne LLA 2388/95 in which we said:

"Without fettering ourselves in this or other applications it may be helpful if we indicate that we commonly look for a five year period free of any serious convictions, or any convictions relating to or involving the abuse of alcohol or arising in the course of an applicant's duty on licensed premises."

[9] This conviction does not relate to the abuse of alcohol or to the applicant's duty on a licensed premises. However the conviction has to be regarded as serious. The penalty establishes that.

[10] Accordingly we are unable to agree to the renewal of the General Manager's Certificate. That does not mean that that is the end of the matter. People have the right to maintain employment in the hospitality industry should they wish to do so. We have indicated to Mr Linton that were he to have the conviction overturned, then he could make a further application for a General Manager's Certificate. Such an application would be considered in due course. Alternatively he is going to have to wait for a minimum period of five years from the date of the conviction.

[11] Accordingly the application for renewal is refused.

DATED at WELLINGTON this 26th day of April 2002

Judge E W Unwin Mr J C Crookston
Chairman Member

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