Bedggood, re [2003] NZLLA 370 (27 May 2003)

New Zealand Liquor Licensing Authority

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Bedggood, re [2003] NZLLA 370 (27 May 2003)

Last Updated: 1 April 2010

Decision No. PH 370/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by NGAHUIA SANDRA MOE BEDGGOOD 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 GREYMOUTH on 14 May 2003

APPEARANCES

Miss N S M Bedggood - applicant
Mrs T M Wayber – Grey District Licensing Agency Inspector – to assist
Sergeant G A Eden – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is application by Ngahuia Sandra Moe Bedggood for a General Manager’s Certificate. There are five 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] Miss Bedgood’s employer is very keen to support her in her chosen path to become a duty manager at the hotel. In terms of experience Miss Bedggood does not appear to have a great deal of experience in managing any licensed premises. She did work at the “Copthorne Hotel” from 1995 to 1997 in the Food and Beverage Department. She has also operated her own business, which we understand was not licenced although from time to time it did obtain special licences for catering purposes.

[3] In terms of training Miss Bedggood has a certificate from Tai Poutini Polytechnic under the Sale of Liquor Act – Manager’s Responsibilities. She presented well to the District Licensing Agency Inspector who confirmed that she has a good knowledge of her responsibilities under the Act.

[4] The issue before the Authority are the convictions incurred by Miss Bedggood, and to a lesser extent the failure to disclose two such convictions. The record shows that Miss Bedggood has two convictions for driving after drinking. The first conviction was in May 1997, when a level of 860 micrograms of alcohol per litre of breath was produced. This resulted in a fine and disqualification.

[5] There were then two charges of driving while disqualified. These were the convictions which were not disclosed. Miss Bedggood took the view that because she had not been disqualified any further, she had thought she had not been convicted. She gave that explanation to the Inspector who believed it was genuine. We are not prepared to say that the failure to disclose would be an impediment to any application.

[6] Rather more seriously, on 28 January 1999 Miss Bedggood received her second conviction for driving after drinking. On this occasion the level was 535 micrograms of alcohol per litre of breath. Miss Bedggood was again convicted and disqualified. Miss Bedggood has explained that the use of alcohol resulted from personal issues. She has had counselling to deal with those issues and does not see the use of alcohol as being a problem as far as she is concerned. She asked the Authority to grant her application on the basis that it was part of her chosen career path and that she has put the past behind her.

[7] The Police have correctly pointed to previous guidelines given by the Authority. One of those guidelines relates to the decision of Osborne LLA 2388/92 in which 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] Two convictions disclosed within two years show a pattern of offending. Trying to balance the matters as best we can, we have decided in this case to adjourn the application for six months. This has two advantages. Firstly, it gives Miss Bedggood an opportunity to gain further experience, and in particular, as a duty manager. Secondly, it will enable a significant period of time from the last conviction to elapse.

[9] It is our intention if there are no other incidents within the next six months, to grant the application on the papers. If a report is received from the Inspector that there are other matters of concern, a further public hearing will need to be convened.

[10] The case is adjourned accordingly.

DATED at WELLINGTON this 27th day of May 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Bedggood.doc (ab)