Jimmieson, re [2003] NZLLA 386 (29 May 2003)

New Zealand Liquor Licensing Authority

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Jimmieson, re [2003] NZLLA 386 (29 May 2003)

Last Updated: 4 April 2010

Decision No. PH 386/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by AARON LEE JIMMIESON 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 CHRISTCHURCH on 13 May 2003

APPEARANCES

Mr A L Jimmieson - applicant
Mr R G Norris - Waimakariri District Licensing Agency Inspector - in opposition
Sergeant J F Armstrong - NZ Police - to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Aaron Lee Jimmieson for a General Manager’s Certificate.

[2] The criteria to which this Authority must have regard are contained in s.121 of the Act. These criteria 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 any relevant qualifications that the applicant holds

[e] Any matters dealt with in any report made under section 119

[3] Mr Jimmieson fulfills the criteria in relation to experience and training. He has completed a certificate with the Christchurch Polytechnic Institute of Technology under the Sale of Liquor Act. For the last 18 months he has worked for the ‘Theme Bar 2000’ in Kaiapoi. He has the committed support of the proprietor of that establishment.

[4] For the last ten months or so, he has been a temporary manager. During that time he has worked on a part-time basis on Thursday through to Saturday, running a nightclub operation, without incident.

[5] The issues before the Authority relate to the fact that when he made his application for a General Manager’s Certificate, Mr Jimmieson ticked the box saying ‘no’ to the question, “Have you ever been convicted of any offence?”

[6] It turns out that Mr Jimmieson had a number of convictions, although they were recorded over five years ago.

[7] When he gave evidence before us, Mr Jimmieson stated that when he was filling in the form, he took the view that there was no need to specify any convictions which were over five years in historical value. How he gained that information is not clear. In our experience, it is a common belief by a number of people that five years is the cut off point.

[8] To some extent that period of time relates to a decision of this Authority which stated that, generally speaking, convictions which were recorded over five years previously would be disregarded.

[9] In this case Mr Jimmieson has two convictions for drink driving. These were incurred at a time when he was 20 years of age. The last serious conviction was on 4 September 1997. It involved a fine of $500 and a period of imprisonment which was suspended for two years, together with periodic detention. The charge was wounding with intent to cause grievous bodily harm. Mr Jimmieson has explained to us that he was not the principal offender.

[10] In looking at the positive aspects of the application, Mr Jimmieson has had the support of Mr Bingwell who has seen fit to come and speak to us today, and given a most glowing reference. He has total faith in Mr Jimmieson. He has applauded some of the initiatives that have been taken, in particular the decision not to allow person into the nightclub after 1.00 am when other licensed premises close. This stops migratory drinkers and reduces disorderly behaviour. Mr Jimmieson is regarded as honest and reliable, and has an impressive way of getting on with the customers. In short, the combination of the support of the employer, and indeed the impression made on this Authority by Mr Jimmieson, has persuaded us that in this case the application should be granted.

[11] It needs to be recorded that any Manager’s Certificate is for a probationary period of one year. This gives Mr Jimmieson the opportunity to show that the faith in him not only by his employer but by this Authority, will not be misplaced.

[12] The application is granted accordingly.

DATED at WELLINGTON this 29th day of May 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Jimmieson.doc (md)