Green, re [2002] NZLLA 419 (19 August 2002)

Last Updated: 7 April 2010

Decision No. PH 419/2002

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SCOTT JOHN GREEN pursuant to s.118 of the Act for a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at NAPIER on 8 August 2002

APPEARANCES

Mr S J Green – applicant in person
Mrs A M Carr – Napier District Licensing Agency Inspector – in opposition
Senior Sergeant B C Greathead and Sergeant J L Alderson – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Scott John Green for a General Manager’s Certificate. The criteria to which this Authority must have regard are contained in s.121 of the Act.
[2] The first criterion is ‘the character and reputation of the applicant’. Mr Green is 25 years of age. He is a butcher by trade. He has been overseas for approximately two years, returning early this year. Since that time he has acquired two jobs working in bars. One is with the “Bluewater Hotel”. The bar manager of that licensed premises has said that he has worked in the bar; that he has been an excellent co-worker; that he is of honest character; conscientious; and always friendly with patrons and staff. He has also worked on a part-time basis with the “Hops ‘n Hooves Sports Bar”. The bar manager of that establishment has recommended him for “a bar manager’s licence”. While he was overseas Mr Green worked in a number of bars.
[3] However, when Mr Green made application for a General Manager’s Certificate he neglected to disclose his convictions. He was asked the question, “Has he been convicted of any offence?” and he said “No”. As a consequence he did not fill in any details. The lack of honesty on that occasion must reflect on his character.
[4] The second criterion to be considered by the Authority are any convictions recorded against the applicant. The previous conviction list disclosed by the Police, shows that Mr Green was convicted in 1996 at the age of 20, with unlawfully taking a motor vehicle. He was fined. He was subsequently convicted in 1997 for driving with an excessive blood alcohol level. The level on that occasion was 565 micrograms of alcohol per litre of breath. He was fined and disqualified. A little over a year later on 22 December 1998 he was again convicted of driving with an excessive breath alcohol content. The level on that occasion was 912 micrograms of alcohol per litre of breath. Mr Green was convicted, fined and disqualified.
[5] He said that at the time he was moving in bad company. It may have been one of the reasons why he went overseas for two years. It was his view, that he did not disclose the convictions because of his embarrassment at them. He said he made a gross error of judgement, particularly as it was contrary to the training that he had received. He also said that since the convictions, he has stopped drinking in any serious way. This was partly because he has little time to do so. His statement to the Authority was that he has learned from his mistakes. He wished to join the hospitality industry, because that was to be his chosen career path.
[6] The third criterion to be considered by the Authority is ‘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’. Mr Green, as a result of his application, has been appointed a temporary manager. He has worked from time to time at the Bluewater Hotel in a sole capacity. It is disappointing that we have not had a reference from his actual employer, rather than from the bar manager.
[7] In terms of the fourth criterion which is relevant training, Mr Green has completed a course of training with Brett Jones and Associates Limited. He has completed the requirements of Units 4646 and 16705, demonstrating knowledge of the Act and Host Responsibility.
[8] The application was to some extent supported by the Inspector. She considered that Mr Green had potential, although he was disappointed that he had failed to disclose the convictions. The two convictions for driving after drinking disclose a pattern of offending. We think that the Police were quite right in opposing the application when it was made. To some extent the issue has been overtaken by time. It is now at least three and a half years since the convictions were recorded. It is our view that a minimum of four years conviction-free should take place since the last conviction.
[9] In those circumstances, we have decided to adjourn this application for six months. That period of time will give Mr Green the opportunity to continue working from time to time as a temporary manager. It will give the reporting agencies the opportunity to monitor his performance. If, at the end of six months, a report is received from the District Licensing Agency Inspector, and if that report confirms that there have been no further incidents, our intention will be to grant the application on the papers.

DATED at WELLINGTON this 19th day of August 2002

Judge E W Unwin Mr J C Crookston
Chairman Member

sjgreen.doc(aw)