Challies, re [2003] NZLLA 322 (9 May 2003)

New Zealand Liquor Licensing Authority

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Challies, re [2003] NZLLA 322 (9 May 2003)

Last Updated: 18 March 2010

Decision No. PH 322/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by FIONA JOAN CHALLIES pursuant to s.123 of the Act for renewal of 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

Ms F J Challies – 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 Fiona Joan Challies for the renewal of her General Manager’s Certificate.
[2] The criteria to which this Authority must have regard in considering such an application are contained in s.126 of the Act. These criteria are:

(a) The character and reputation of the applicant:

(b) Any convictions recorded against the applicant since the certificate was issued or last renewed:

(c) The manner in which the manager has managed the sale and supply of liquor pursuant to the licence [with the aim of contributing to the reduction of liquor abuse]:

(d) Any matters dealt with in any report made under section 124 of this Act.

[3] There is no challenge to the way in which the manager has managed the sale and supply of liquor, with the aim of contributing to the reduction of liquor abuse. Ms Challies was first granted a General Manager’s Certificate on 17 August 2001. For the last two years or so she has worked at the “TAB Turf Bar” in Peel Street, Gisborne. During that time, according to the owner, she has proved to be a very responsible, honest, reliable and committed person. The bar itself is primarily in existence because of a TAB. It has a secondary role as providing sites for pokie machines. The bar is incidental. Nevertheless, there have been no adverse matters recorded in relation to the management of the applicant of those premises.
[4] In terms of character and reputation, Ms Challies has produced references from Natasha Matangi, and from a Probation Officer. After listening to Ms Challies we are satisfied as to her character and reputation, and subject to the other matters, her suitability.
[5] Ms Challies made application for the renewal of her certificate and recorded that she had a conviction for drink driving. The evidence shows that on 9 September 2001, she was stopped. She had an excess breath alcohol level of 674 micrograms of alcohol per litre of breath. She was convicted in the Gisborne District Court on 25 September 2001, and sentenced to 100 hours of community service and disqualified from driving for six months.
[6] Ms Challies has explained that this was a combination of her drinking after work, not realising the level of alcohol in her system. She abstained for a period of time before driving, but had worked all day, and not eaten a sufficient meal. The circumstances were such that she has clearly had a large wake-up call. She has pointed out that she realises that being a bar manager is about practising what you preach. She said, “At all times I follow the liquor licensing act to ensure the safety of the TAB customers.”
[7] There was some concern because of the fact that there had been a previous conviction in 1996, which had not been disclosed in the original application for a General Manager’s Certificate.
[8] It is now clear to the Authority that the circumstances of that conviction were unusual. It will be noted that there was no disqualification imposed at the time. Ms Challies did not disclose the conviction, although in retrospect she realises that she should have. She felt that because it was in 1996, it was well past the stand down period which she thought was three years. Clearly it was an episode in her life from which she has since moved on.
[9] We do not see the failure to disclose the conviction in the original application as being in any way sinister or a reflection on her character and ability.
[10] Had the Police been aware of the conviction, an application for suspension would have been brought. On that basis the Authority would have suspended the manager’s certificate for anywhere between a month and two months.
[11] In our view it would be an unreasonable use of the Authority’s powers if we were to decline the application for renewal. At the same time we accept that the Police and the District Licensing Agency Inspector were correct in bringing the matter to the attention of the Authority.
[12] We have decided to renew the manager’s certificate, but for 18 months. This will mean that it will fall due again for renewal on 17 February 2004, which is a little less than one year’s time.
[13] Ms Challies will be well aware that if there are any other untoward incidents involving liquor abuse issues, then the chances of the manager’s certificate being again renewed will be slight. If, on the other hand, she justifies the faith which we have in her, then there should be no difficulties about any future renewal.
[14] The certificate is renewed accordingly.

DATED at WELLINGTON this 9th day of May 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

fjchallies.doc(aw)