Hales, re [2003] NZLLA 336 (16 May 2003)

New Zealand Liquor Licensing Authority

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Hales, re [2003] NZLLA 336 (16 May 2003)

Last Updated: 20 March 2010

Decision No. PH 336/2003

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 055/GM/15/2002 issued to DAVID SHANE HALES

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at GREYMOUTH on 14 May 2003

APPEARANCES

No appearance by or on behalf of respondent
Sergeant G A Eden – NZ Police - applicant
Mrs P M Wayber – Greymouth District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application for the suspension of a General Manager’s Certificate issued to David Shane Hales. The application is brought by Sergeant Graeme Andrew Eden. The ground for the application is that the conduct of the manager is such as to show that he is not a suitable person to hold the certificate. The allegation is supported by evidence given today by Sergeant Eden. The evidence shows that at about 3 am on 1 March this year Mr Hales was the driver of a car which was stopped when he parked it. He was breath tested and gave a result of 871 micrograms of alcohol per litre of breath. It will be noted that this is over double the allowable limit. Furthermore when confronted about the matter, Mr Hales stated that he was going to another hotel. At the time that he was employed as an assistant manager.

[2] When the case was called, Mr Hale did not appear. He was rung by the Authority’s registrar. He expressed little interest in appearing at the hearing. He said his livelihood was not at stake, and he was not really interested in the outcome.

[3] It is noted that the manager's certificate was first granted on 12 June 2002. This incident occurred therefore during the first year probationary period. The Authority regards this period as one of the most important times in a manager's career. Since the amendment to s.115 of the Act, the expectations of Parliament are that the managers will be on duty and responsible for compliance with the Act and the conditions of the licence, at all times when liquor is being sold. It is therefore expected that managers will have self-imposed standards and discipline, particularly in the area of liquor abuse.

[4] The aggravating features of this case are that:

(a) The incident occurred at a time when Mr Hales was going through his probationary first year period.

(b) The level of alcohol in the breath was over twice the allowable limit.

(c) Mr Hales is not bothered to appear to explain whether or not he may have a problem with liquor abuse.

(d) We regard convictions incurred by managers which involve the abuse of liquor, with greater seriousness. That is because the managers have been given the privilege and the responsibility of having charge of licensed premises when liquor is sold to the public.

[5] Taking into account other suspension orders made at the hearings in Greymouth, we have decided as a matter of consistency that General Manager’s Certificate 055/GM/15/2002 issued to David Shane Hales will be suspended for a period of six weeks as from Monday 19 May 2003.

DATED at WELLINGTON this 16th day of May 2003

B M Holmes
Deputy Secretary

Hales.doc(nl)