Renouf, re [2003] NZLLA 298 (1 May 2003)

New Zealand Liquor Licensing Authority

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Renouf, re [2003] NZLLA 298 (1 May 2003)

Last Updated: 14 March 2010

Decision No. PH 298/2003

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 049/GM/250/2001 issued to SAMANTHA JANE RENOUF

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at WELLINGTON on 15 April 2003

APPEARANCES

Miss S J Renouf – respondent
Sergeant G Verner – NZ Police – applicant
Mr R Putze – Wellington District Licensing Agency Inspector – in support of applicant

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Sergeant G Verner for the suspension of a General Manager’s Certificate issued to Samantha Jane Renouf. The ground for the application for suspension is that the conduct of the manager was such as to show that she is not a suitable person to hold the certificate. The specific allegation is that on 31 January 2003, Miss Renouf was convicted in the Wellington District Court for driving a motor vehicle with excess blood alcohol content.
[2] The facts show that at about 7 am on Sunday 8 December last, Miss Renouf was driving a motor vehicle in Kent Terrace. She was stopped for a random roadside breath test. An analysis of a blood sample gave a result of 124 milligrams of alcohol per 100 millilitres of blood. The Police have appropriately brought the application for suspension following the conviction, and have referred us to the decision of Deejay Enterprises Limited LLA 531 – 532/97 in which the Authority discussed the standards of managers. The actual quote from the judgment reads:

“Little but a licensee’s or manager’s character and suitability may stand between upholding the law and turning a blind eye. Self imposed standards in accordance with the law must be set by licensees and holders of General Manager’s Certificates who control and manage licensed premises.”

[3] Miss Renouf freely acknowledged that the conviction placed her manager’s certificate at risk. This is partly because of the impact that such a conviction can have in respect of patrons of licensed premises, and of course, partly because of the object of the Act which is, as far as possible, to reduce liquor abuse.
[4] Miss Renouf has given evidence and acknowledged the incident. She has held a manager’s certificate twice. The first certificate was issued in 1996, and the second certificate was issued in July 2001. Miss Renouf advised that she had worked from 6 o’clock at night until 6 o’clock in the morning. She had eaten when she had started work, and had a couple of reasonably sized drinks when she had finished her shift.
[5] In this case Miss Renouf has had the support of two of her employers who have taken the trouble to come before the Authority. Both spoke most highly of Miss Renouf as being a loyal hard-working and honest employee. It was their view that she is not only second in charge of the business, but one of the best managers that they have employed. In summary they rate her highly, and they both confirm that she is fully remorseful for what has happened.
[6] In those circumstances, we have reduced the period of suspension from what might otherwise have been the case. We believe that in this case a term of suspension is appropriate. Our intention is to suspend the manager’s certificate for three weeks.
[7] For the reasons that we have given, manager’s certificate 049/GM/250/2001 issued to Samantha Jane Renouf will be suspended for three weeks commencing on Monday 28 April next.

DATED at WELLINGTON this 1st day of May 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

sjrenouf.doc(aw)