Fergusobn v Corrigan [2003] NZLLA 394 (9 June 2003)

New Zealand Liquor Licensing Authority

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Fergusobn v Corrigan [2003] NZLLA 394 (9 June 2003)

Last Updated: 5 April 2010

Decision No. PH 394/2003

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 cancellation of General Manager’s Certificate number GM 373/2001 issued to HAYDEN ADAM CORRIGAN

BETWEEN MARTIN FERGUSON

(Christchurch District Licensing Agency Inspector)

Applicant

AND HAYDEN ADAM CORRIGAN

Respondent

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

No appearance by or on behalf of the respondent
Mr M Ferguson - Christchurch District Licensing Agency Inspector - applicant
Sergeant J F Armstrong - NZ Police - to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Mr Martin Ferguson, a Christchurch District Licensing Agency Inspector, for the cancellation of a General Manager’s Certificate.

[2] The General Manager’s Certificate was first issued to the respondent, Hayden Adam Corrigan, on 16 May 2001. At that time Mr Corrigan had no convictions. Within a period of just under three months Mr Corrigan was apprehended for driving with an excess breath alcohol content. The level was 575 micrograms of alcohol per litre of breath. Mr Corrigan was duly convicted in the Christchurch District Court on 15 August 2001.

[3] The offending came to the attention of the Licensing Agency Inspector when an application for renewal was made in May of 2002. There were discussions with the Inspector about renewing the General Manager’s Certificate for a shorter period in the light of the conviction. These discussions commenced in late May and culminated in a letter dated 4 June 2002 received from Mr Corrigan in which he agreed to a shorter period of renewal of his certificate.

[4] What Mr Corrigan did not disclose to the Inspector was, that at the time of the letter, Mr Corrigan had been apprehended for a second time for driving with excess breath alcohol. On 26 May 2002, he was again breath tested and produced a level of 821 micrograms of alcohol per litre of breath. Mr Corrigan was convicted in the District Court at Christchurch on 19 June 2002. He was sentenced to non-residential period detention for three months and disqualified from holding or obtaining a driver’s licence for one year.

[5] As a consequence of the pattern of offending, the Inspector applied for the cancellation of the General Manager’s Certificate. The grounds of the application were that the conduct of the manager was such as to show he was not a suitable person to hold a certificate.

[6] Mr Corrigan has taken no steps in the matter. Several attempts have been made to contact him, to ensure that he was aware of this hearing. In his absence, we have no explanation as to whether he may have a problem with alcohol, or whether he may have taken any assessment or treatment.

[7] The Inspector has pointed out that in Christchurch the Police, Crown Public Health and the Agency are actively involved in sale of liquor courses which are conducted as the training component, when applicants seek a manager’s certificate.

[8] Mr Ferguson confirmed that during these courses, strong views are expressed concerning the high risk to managerial aspirations if there are convictions involving liquor related offences. It is always stressed that the holders of manager’s certificates are expected to conduct themselves in an exemplary manner which sets a good example to patrons.

[9] Mr Corrigan has failed to live up to those standards. We believe it is desirable to make an order. Had Mr Corrigan made the effort to be present, it may be that the Authority could have been persuaded into imposing a long period of suspension. However, in his absence we assume that he has no interest in maintaining his certificate.

[10] For these reasons, General Manager’s Certificate GM/373/2001 issued to Hayden Adam Corrigan is cancelled.

DATED at WELLINGTON this 9th day of June 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

corrigan.doc (md)