Mohi, re [2003] NZLLA 355 (26 May 2003)

New Zealand Liquor Licensing Authority

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Mohi, re [2003] NZLLA 355 (26 May 2003)

Last Updated: 27 March 2010

Decision No. PH 355/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by WATENE HETAKIA MOHI 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 NAPIER on 1 May 2003

APPEARANCES

Mr W H Mohi – applicant
Mr T Stothart – Hastings District Licensing Agency Inspector – in opposition
Sergeant R M Gordon – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Watene Hetakia Mohi for the renewal of his General Manager’s Certificate.
[2] Mr Mohi was first granted a manager’s certificate on 27 August 2001. This application therefore represents the first request for renewal. The first application is considered by the Authority to be one of the most important. The reason is that over the probationary first year, the authorities have an opportunity to monitor not only Mr Mohi’s conduct in the running of any licensed premises, but also to ensure that his personal standards are such that he sets an example to his patrons.
[3] The criteria for any renewal are set out 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.

[4] Mr Mohi has been working at the “Castina Café & Bar” in Hastings for the last fifteen months. His employer, Mr W J Martin, has seen fit to come to the Authority today to support his employee, and his presence has had a considerable impact upon the Authority. When Mr Mohi applied for his General Manager’s Certificate it was noted that he had some historical convictions for drinking and driving. However, these convictions went back to 1975 and 1977. They were not considered a sufficient impediment to prevent the issue of a manager’s certificate. Mr Mohi has advised that the offending occurred when he was 20 years of age.
[5] When he completed his renewal application, Mr Mohi advised that there no convictions had been recorded since the certificate was issued. However, on 26 July, shortly after he filed his application for the renewal, Mr Mohi was stopped and eventually convicted for driving with an excessive breath alcohol content. The level was 510 micrograms of alcohol per litre of breath. The circumstances were a little unusual in that Mr Mohi had worked until about 9.00 pm. One of his customers, who was also a friend, had consumed sufficient for Mr Mohi to be concerned about her welfare. He took the car keys from her. She told him that she was going to drink at another establishment. He then called to pick her up to take her home. She decided she wished to stay, and he drove her car home. While he was waiting for her at the second establishment, he consumed more than was appropriate. Hence the conviction.
[6] As with other managers, Mr Mohi would be aware that any offending involving abuse of alcohol would place his manager’s certificate at risk. The Authority has said from time to time that managers are required to have standards higher than ordinary citizens when it comes to any involvement with the use or abuse of liquor.
[7] As we have explained, it may have been more appropriate for the Police to have applied to suspend Mr Mohi’s General Manager’s Certificate. If that had happened, we would expect a suspension period in these circumstances to have been approximately one month. We believe that to refuse the renewal would be an unreasonable result. In the circumstances, we have decided to renew the certificate, but for two years only. This will mean that the certificate will fall due for renewal on 27 August 2004 which is some 15 months away. This is done in order to remind Mr Mohi of the responsibilities which he carries as a manager.
[8] The application is granted accordingly.

DATED at WELLINGTON this 26th day of May 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

whmohi.doc(aw)