Willan, re [2002] NZLLA 478 (3 September 2002)

Last Updated: 3 June 2010

Decision No. PH 478/2002

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SCOTT RICHARD WILLAN 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 NELSON on 21 August 2002

APPEARANCES

No appearance by or on behalf of the applicant
Mrs A J Ward-Hamilton – Nelson District Licensing Agency Inspector – to assist
Sergeant T V Walker – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Scott Richard Willan for a General Manager’s Certificate. The criteria to which this Authority must have regard in considering such an application are contained in s.121 of the Act. These criteria are:

(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.

[2] Mr Willan has had a reasonable involvement in the hospitality industry. The references which he has supplied indicates that he worked for Tasman Liquor Merchants from 1 April 2001. Prior to that time he had worked for a period of approximately three years at Motueka Liquorland, and the Turf Hotel. He had a certificate of achievement with the Open Polytech, having pursued the prescribed course of study in managing the sale and supply of liquor.

[3] The concern raised by the Police relates to Mr Willan's character and reputation, as exemplified by the convictions recorded against Mr Willan since he first got into trouble in 1988. Mr Willan has no less than nine relatively serious convictions. Four of those convictions are for driving with an excessive breath or blood alcohol content. The first was in 1988. The second was in 1991. On that occasion, the alcohol level was 924 micrograms of alcohol per litre of breath. The third conviction was recorded in 1993. The final conviction was recorded on 14 January this year. On that occasion the level was 675 micrograms of alcohol per litre of breath. Notwithstanding the eight-fold increase in penalties for a third conviction, Mr Willan was fined and disqualified.

[4] Mr Willan also has convictions for cultivating cannabis, for driving while disqualified on two occasions, and for assaulting a female. The latter conviction was recorded within the last five years.

[5] There is no question that with that level of offending involving the potential abuse of alcohol, the Authority would need to have some record that Mr Willan had at the very least undertaken a course of rehabilitation treatment for abuse of alcohol and/or drugs.

[6] The application has not been assisted by the absence today of Mr Willan. To his credit he has written a letter to the Police sergeant, indicating that he and his partner are currently in Dunedin looking for employment. He is keen to remain within the hospitality industry, and is anxious to put the past behind him.

[7] In our view the case of Osborne LLA 2388/95 is relevant.

"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 conviction or any conviction relating to or involving the abuse of alcohol or arising in the course of an applicant’s duty on licensed premises."

[8] We regard this case as falling within that guideline. Four convictions involving abuse of alcohol, and one involving abuse of drugs, calls for a real effort by the person involved, to come to terms with a possible addiction.

[9] Mr Willan currently does not have employment within the hospitality industry. He needs to understand, that were he to reapply for a manager's certificate, (as is his right), we would expect:

• [a] For him to have employment within the industry
  
• [b] To have the support of an employer
  
• [c] To have had a period of five years from the date of the last conviction free of any other convictions, or alternatively confirmation that he has been through a rehabilitative course, and has resolved any potential drinking and driving issues.
  

[10] The application is accordingly refused.

DATED at WELLINGTON this 3rd day of September 2002

Judge E W Unwin Mr J C Crookston
Chairman Member

Willan.doc(nl)