Rice, re [2003] NZLLA 231 (16 April 2003)

New Zealand Liquor Licensing Authority

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Rice, re [2003] NZLLA 231 (16 April 2003)

Last Updated: 2 March 2010

Decision No. PH 231/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by GRAEME SYDNEY RICE 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 PALMERSTON NORTH on 1 April 2003

APPEARANCES

Mr G S Rice – applicant
Mr R McEwan – Palmerston North District Licensing Agency Inspector – to assist
Sergeant D Matheson – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Graeme Sydney Rice for a General Manager’s Certificate. Mr Rice will be 49 in July. He has been self employed, but in recent times a cousin took over ownership of “Jaspers Bar and Grill”. Mr Rice has been given the opportunity to have a financial involvement in the business. As part of that involvement he has completed a training course. Since January of this year, he has been working as a bar manager at the licensed premises.

[2] It is not clear whether he has been appointed as a temporary manager from time to time pursuant to s.128 of the Act, but at any event the main concern by the enforcement authorities is a serious conviction.

[3] The facts show that on or about 20 August 1998, a search warrant was executed at Mr Rice’s address, and 73 caps of cannabis oil were found. There was sufficient other material to suggest that Mr Rice was dealing. He has accepted that he got himself into a situation, but denied any involvement with the drug itself.

[4] It appears that this was a commercial enterprise. A reference was supplied from Gregory John Hudson, a person in whom this Authority would have confidence. Mr Hudson suggested that Mr Rice was not the main player in the incident. Mr Rice was convicted in the Palmerston North District Court, and sentenced to one year’s imprisonment. That term of imprisonment was suspended for a period of 18 months. The Court obviously recognised that the offence was not part of any pattern of offending, and taking into account Mr Rice’s previous history, saw the incident as relatively isolated. In addition to the suspended prison sentence, Mr Rice was sentenced to non residential periodic detention for six months.

[5] Mr Rice seems to have turned his life around. Having brought the matter to our attention, the Police have respectfully sought guidance on what period of time would be required for Mr Rice to show that he was capable of assuming the serious responsibility of running licensed premises without supervision.

[6] One of the guidelines which has assisted the Authority from time to time is the decision of Osborne, LLA 2388/95, in which the Authority stated:

"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."

[7] It is accepted that people can mature, and that they are capable of putting previous bad incidents behind them, and getting on with life.

[8] Although Mr Rice has not been able to produce any work references we gather that this is more by oversight than design, particularly as it is his cousin who owns the bar, and is offering him a financial incentive in the operation of the licensed premises.

[9] We see no reason on this occasion to depart from the guidelines in Osborne’s case. In other words we think that a period of five years should elapse from the date of the conviction, although we have said in the past that the date of offending is the more relevant date.

[10] The decision of the Authority is to adjourn the application for six months. This will have two main advantages. Firstly it will give Mr Rice the opportunity to further his experience in the conduct of licensed premises. As his application for a manager’s certificate is still on foot he will be able to be appointed as a temporary manager from time to time. Secondly it will enable him to see out a five year period whereby he is free of any other convictions. If at the end of six month's time, that is if on or about 1 October 2003, we receive confirmation from the District Licensing Agency Inspector that there have been no further incidents then we propose to grant the application on the papers.

[11] In making this decision we have borne in mind that any grant of the General Manager’s Certificate is for one year only, and that is regarded as a probationary period. Mr Rice will get his opportunity, all being well, in six month’s time.

[12] The application is adjourned accordingly.

DATED at WELLINGTON this 16th day of April 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Rice.doc(afw)