Walker v Manson [2003] NZLLA 224 (7 April 2003)

New Zealand Liquor Licensing Authority

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Walker v Manson [2003] NZLLA 224 (7 April 2003)

Last Updated: 2 March 2010

Decision No. PH 224/2003

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 suspension of General Manager’s Certificate number 050/GM/0181/01 issued to JASON KRIS MANSON

BETWEEN TREVOR VINCENT WALKER

(Police Officer of Nelson)

Applicant

AND JASON KRIS MANSON

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at NELSON on 26 March 2003

APPEARANCES

Mr J K Manson – respondent
Sergeant T V Walker - New Zealand Police - applicant
Mrs A J Ward-Hamilton - Nelson District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Sergeant Trevor Walker for the suspension of a General Manager’s Certificate. The ground for the application is that the conduct of the manager has been such as to show that he is not a suitable person to hold a certificate. The manager in question is Jason Kris Manson. His manager’s certificate was first issued to him on 8 June 2001. He duly made an application for the renewal of that certificate in June 2002.

[2] In his application for renewal, he disclosed that in the interim period of time he had received a conviction for driving with an excessive breath alcohol content. As a consequence the Police opposed the application. As a result of an administrative error, Mr Manson’s renewal application was approved by the Nelson District Licensing Agency. Mr Manson is currently certificated until 8 June 2005. It has been acknowledged that there was an error, and such error is unlikely to be repeated.

[3] The facts of the conviction are relatively straightforward. Mr Manson had been celebrating his birthday. He had been drinking wine and beer at home. He had not eaten much. When he was apprehended, Mr Manson produced an evidential beath test result of 611 micrograms of alcohol per litre of breath. He duly appeared in the Nelson District Court on 8 April 2002, and pleaded guilty to the offence. He was convicted and fined $600, and disqualified for holding and obtaining a driving licence for six months.

[4] Mr Manson showed sufficient maturity to self refer to the Nelson Alcohol and Drug Service. We have received an assessment from that service to indicate that Mr Manson is not regarded as a problem drinker. According to the assessment, he showed good insight, motivation, and people skills, and indicated that he was not going to jeopardise his work and his ambitions for the future, by abusing alcohol and any other drugs.

[5] The Sergeant has acknowledged the anomaly that has occurred, and submitted that these circumstances are somewhat unique, and that in the circumstances the Authority might consider an order under s.135(7) of the Act.

[6] After considering this matter, we accept that the ground for the application for suspension has been established. In view of the fact that the manager’s certificate was renewed after the event, we believe that the suggested outcome is appropriate. Rather than make any order for suspension, this application will be adjourned until 26 September 2003.

[7] If between now and then there are any other incidents involving Mr Manson and/or any abuse of liquor issues either at his place of employment or in his personal life, then a further public hearing will be scheduled.

[8] If there are no such incidents reported either by the Police or the District Licensing Agency Inspector, then the application will be withdrawn.

[9] The application for suspension of General Manager’s Certificate number 050/GM/0181/01 is adjourned accordingly for six months.

DATED at WELLINGTON this 7th day of April 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Manson.doc(afw)