Kite v Doak [2002] NZLLA 599 (24 October 2002)

Last Updated: 3 October 2010

Decision No. PH 599/2002

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for cancellation of General Manager’s Certificate number GM 2865/96 issued to BARRY DESMOND KITE

BETWEEN PATRICK HUGH DOAK

(Police Officer of Hamilton)

Applicant

AND BARRY DESMOND KITE

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at HAMILTON on 17 October 2002

APPEARANCES

Mr B D Kite – respondent
Senior Constable P H Doak - New Zealand Police - applicant

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Senior Constable Patrick Hugh Doak for the cancellation of a General Manager’s Certificate. The certificate was first issued to the respondent, Barry Desmond Kite, on 27 September 1996.

[2] The ground for the application is that the conduct of the manager is such as to show that he is not a suitable person to hold the certificate. The particulars related to an excess breath alcohol conviction on 5 July 2001. The Police were not unnaturally concerned at the conviction. They submitted that drinking and driving convictions are always viewed seriously by the Police. The reason being the number of fatal and serious injury accidents in New Zealand, and the social cost of this type of offending.

[3] In general it could be argued that all holders of General Manager’s Certificates will be aware of the need to set an example, and also the risk inherent with a conviction, as it relates to their occupation.

[4] In this case Mr Kite is a company director, and has other business interests. For the last 7 years, he has been the bar manager at the Ohaupo Rugby Football Club. It is our understanding that this is a voluntary position. He has been involved on the committee of the club since he has aged 18, although he has had a few years off for family and business reasons.

[5] During the time that he has been the bar manager, there has only been, to the memory of the club, one person who has been breath tested and convicted leaving the club premises.

[6] Mr Kite gave evidence. He acknowledged that he was not proud of the conviction. He has spent some time transporting members of the club to play rugby. On this occasion he let his guard down. The evidence shows that the level of this isolated incident was 537 micrograms of alcohol per litre of breath.

[7] Mr Kite filed the application for renewal of the rugby football club licence in August of last year. Because of his conviction, the application was opposed by the Police, and the District Licensing Agency Inspector. As a consequence of the opposition, Mr Kite resigned as the bar manager, and took no further part in running the licensed aspect of the club on his own. He was also President of the club at the time, and resigned from that position as well. Following his resignation, the Police opposition to the application for the renewal of the club licence was withdrawn.

[8] Mr Kite comes before us as a man who has done a significant amount for the community. This is confirmed in a reference given to us by the secretary of the Ohaupo Memorial Park Society. Mr Kite has done the honourable thing in resigning from his position as President and, indeed, as bar manager of the club. The club has stated that this has been a huge loss for them. They look forward to the time that he can return to the club in a capacity that enables him to give the support to the club which it obviously needs.

[9] In the circumstances, we believe that he has done the honourable thing. We take the view that a suspension is preferable in this case to a cancellation. We accept the general observations from the Police that the standards of managers have been significantly raised, particularly since the amendment to the Act in 1999. Nevertheless, in this case, we believe a suspension is appropriate. This course of action is accepted by the parties.

[10] Mr Kite’s manager’s certificate will now be suspended for one month from today.

DATED at WELLINGTON this 24th day of October 2002

Judge E W Unwin Mr J C Crookston
Chairman Member

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