Rowlands, re [2003] NZLLA 319 (9 May 2003)

New Zealand Liquor Licensing Authority

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Rowlands, re [2003] NZLLA 319 (9 May 2003)

Last Updated: 18 March 2010

Decision No. PH 319/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by PAAKA TANGAROA ROWLANDS 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 GISBORNE on 28 April 2003

APPEARANCES

Mr P T Rowlands – applicant
Mrs K A Sykes – Gisborne District Licensing Agency Inspector – to assist
Constable R Akuhata – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Paaka Tangaroa Rowlands for a General Manager’s Certificate. There are a number of criteria to which this Authority must have regard in considering such an application. These criteria are listed in s.121 of the Act and 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 Rowlands fulfils a number of the criteria, particularly in terms of his character and reputation. For example, he has produced a reference from the Mayor of Gisborne dated 18 December 2001 supporting the application. The Mayor acknowledged that Mr Rowlands had a conviction for driving after drinking.
[3] Mr Rowlands worked at the “Waihau Bay Lodge” on the East Cape between January and May 2002, and gained experience as an assistant manager. He was described by the owner as being of sober habits, and capable of controlling licensed premises.
[4] Mr Rowlands took some time, but eventually achieved a certificate from the Liquor Licensing Bureau Limited, showing satisfactory knowledge and understanding of the Sale of Liquor Act and Host Responsibility.

[5] The Police quite properly have filed a report setting out the fact that Mr Rowlands has no less than nine previous convictions for drink driving. It is accepted that some of these convictions are historical. For example, the first convictions were recorded in 1974. Convictions were then recorded in 1987, 1990 (two), and 1991 (two). There were then convictions in 1992 and 1996. There was a gap of some four years before Mr Rowlands was convicted for the ninth time on 23 November 2000. The conviction was recorded in the Ruatoria District Court, and the level on that occasion was 532 micrograms of alcohol per litre of breath. Mr Rowlands was sentenced to 150 hours of community service and disqualified from driving for twelve months.
[6] Mr Rowlands has stated that for a period of some twelve months he gave up drinking altogether, although he continues to drink at present. Naturally the Authority has concerns as to whether Mr Rowlands has a problem with the use and abuse of alcohol. The Authority takes the view that before any application of this nature were to be granted, we would require a certificate from a drug and/or alcohol agency, confirming that Mr Rowlands has no residual problem with liquor.
[7] The issue about convictions involving the use and abuse of alcohol has been referred to from time to time by the Authority. In the case of G L Osborne, for example, LLA 2388/95, it was 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.”

[8] In the light of the conviction in 2000 and the pattern of offending, any five year conviction free period would take the application well beyond its present time.
[9] The reason that Mr Rowlands requires a General Manager’s Certificate is that he lives at Tiki Tiki. He is involved in trying to set up a tavern in the area because the previous one burned down. We are advised that there is a Trust being set up, and an effort being made by the community (with the help of finance from outside), to establish this tavern. Mr Rowlands takes the view that if a tavern can be established, then he could well be placed in charge of running it. There has been no documentation presented to the Authority, and there is no time line as to if and when such a tavern might be built.
[10] We have decided that the circumstances are a little unusual. We therefore propose to adjourn the application. We do not do so on the basis that the application will automatically be granted. We do so to see whether the proposed tavern comes to fruition. If it does, we may well have a further hearing to consider the application again.
[11] The position is this. The application will be adjourned for a period of 12 months. It may be brought forward at the request of the parties. We will be seeking a report from the District Licensing Agency Inspector about the proposed tavern, and we will make our decision or reschedule a public meeting, depending on the result of that report.
[12] The application, therefore, will remain at large. Mr Rowlands needs to know that if the matter is to be dealt with on the papers, the Authority will also be seeking a report from the local health agency that there are no residual problems with a use or abuse of alcohol. Subject to those matters we will then look at the matter afresh.
[13] The matter is adjourned accordingly.

DATED at WELLINGTON this 9th day of May 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

ptrowlands.doc(aw)