Champion, re [2003] NZLLA 347 (23 May 2003)

New Zealand Liquor Licensing Authority

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Champion, re [2003] NZLLA 347 (23 May 2003)

Last Updated: 27 March 2010

Decision No. PH 347/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ANTHONY BRENT CHAMPION pursuant to s.123 of the Act for the 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 NAPIER on 30 April 2003

APPEARANCES

Ms C M Riddell – for applicant
Miss S M Naicker – Napier District Licensing Agency Inspector – to assist
Senior Sergeant M R Lochrie – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Anthony Brent Champion for the renewal of his General Manager’s Certificate.
[2] Mr Champion was first granted a General Manager’s Certificate on 15 September 1998. It has since been renewed without opposition to 15 September 2002. When he made his application for the second renewal of his manager’s certificate Mr Champion acknowledged that on 30 January 2002, he had been convicted in the Napier District Court for selling to a minor. He had been fined $250 plus costs. It was this conviction that brought about the Police opposition to the renewal application.
[3] The circumstances of the sale to the minor were a little unusual. Mr Champion was the manager on duty at the “Onekawa New World” in Napier. There had been a controlled purchase operation, and the checkout operator was a little uncertain whether to serve the person. He asked for confirmation from Mr Champion, who then looked over and thought that the potential customer was someone else. It appears that person he thought was the purchaser may have been a detective who was helping with the operation. In any event, Mr Champion believed that the person was well over the age of 25 years, and authorised the sale. Consequently the sale was made, and Mr Champion in due course received a conviction and fine in the District Court. It may be that the level of fine reflected the fact that there had been what appears to have been a mistake.
[4] There have been two consequences as a result of the conviction. Firstly, the business, which is a family business, has changed its systems to ensure that there will be no further breaches of this nature. Secondly, Mr Champion has elected to complete the NZQA 4646 and 16705 modules at the EIT. He is about to complete the final examination for that course. We believe his decision to retrain shows a commitment to host responsibility. Although the sale of liquor to minors is a very serious issue, we take the view that it is less likely to occur in a supermarket which has sound systems in place.
[5] In this case Mr Champion has undertaken that if the renewal application is granted, the certificate will only be used for the purposes of an off-licence premises without the consent of the District Licensing Agency Inspector or this Authority. With that undertaking having been given, then the chances of Mr Champion being involved in the sale of liquor to prohibited persons, is in our view, greatly reduced.
[6] Following the conviction it seemed to us that the correct procedure may well have been an application under s.135 of the Act for the suspension of the manager’s certificate for a period of time, to reflect the seriousness of the breach of the Act.
[7] In our view to refuse a renewal of a General Manager’s Certificate on the basis of one conviction could be considered to be unreasonable.
[8] In those circumstances, taking into account the undertaking, the application is granted.

DATED at WELLINGTON this 23rd day of May 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

abchampion.doc(aw)