Allison, re [2003] NZLLA 395 (9 June 2003)

New Zealand Liquor Licensing Authority

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Allison, re [2003] NZLLA 395 (9 June 2003)

Last Updated: 5 April 2010

Decision No. PH 395/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by NICHOLAS DAVID ALLISON pursuant to s.123 of the Act for renewal of a

General Manager’s Certificate.

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: Judge E W Unwin
Member: Mr J C Crookston

HEARING at CHRISTCHURCH on 12 May 2003

APPEARANCES

No appearance by or on behalf of applicant
Mr M Ferguson – Christchurch District Licensing Agency Inspector – In opposition
Sergeant J F Armstrong – NZ Police – In opposition

DECISION

[1] This is an application by Nicholas David Allison for renewal of his General Manager’s Certificate. The General Manager’s Certificate was first granted on 11 April 2001. The application therefore represents the first such application for renewal, and is regarded by the Authority as the most important as it follows the first probationary year. The criteria to which the authority must have regard in considering the application are contained 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:

(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 of this Act.

[2] When the application was referred to the reporting authorities, both noted that there had been one conviction for driving with excessive breath alcohol. Both reporting agencies commented adversely on this conviction, and suggested that any renewal be for one year only. It was later noted that Mr Allison had in the interim received a second conviction. This conviction was for driving with excess blood alcohol. Consequently the opposition by the Police and the District Licensing Agency Inspector gained more substance.

[3] The issues are not so much the manner in which the manager has managed the sale and supply of liquor, but the two convictions, and to some extent Mr Allison’s character and reputation. Mr Allison received his first convictions on 2 May 2001. This was shortly after the certificate had been granted. On that occasion the breath/alcohol level was 521 micrograms of alcohol per litre of breath. Mr Allison was fined $600 and disqualified for six months.

[4] Prior to the filing of the application for renewal, Mr Allison went through a compulsory stop sign and almost collided with a marked Police control vehicle. This was 3.45 am on Sunday 24 March 2002. Mr Allison was affected by drink. Indeed, when questioned he said he had had a couple of beers at a karaoke bar. The evidential breath test showed 673 micrograms of alcohol per litre of breath. The blood count showed 164 milligrams of alcohol per 100 millilitres of blood. This is twice the allowable limit.

[5] Such a level would indicate a problem with the use or abuse of alcohol. As the Police pointed out. It is up to Mr Allison to prove that he is still suitable to continue to hold a General Manager’s Certificate. Mr Ferguson noted that in Christchurch, Crown Public Health, the District Licensing Agency and the Police are all actively involved in the sale of liquor courses. This is done in an attempt to lift the standards in relation to managers, following the amendment to the Act, giving them much greater powers in the conduct and control of licensed premises. During these courses, it is stressed that convictions relating to the abuse of liquor will have considerable impact on how an applicant will be viewed.

[6] Any conviction for drink/driving will place a manager’s certificate at risk. Mr Ferguson referred to the decision of Vermeer LLA 881/96 in which the Authority stated that if Mr Vermeer could not control his own drinking habits and comply with the law, then he is going to be totally unable to influence others to act responsibly, and comply with both the Sale of the Liquor and Transport Acts. Mr Allison has had two convictions relating to the use and abuse of liquor since his probationary manager’s certificate was first granted. It may well be that had the Authority been faced with an application under s.135 of the Act for suspension of this certificate, a suspension order rather than a cancellation order may have been made.

[7] In this case, Mr Allison has not seen fit to appear not only to support his application, but to explain whether he might have an issue with the abuse of alcohol. The Authority can only conclude that he is no longer interested in maintaining a career in the hospitality industry.

[8] The application for the renewal of the General Manager’s Certificate is accordingly refused.

DATED at WELLINGTON this 9th day of June 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

allison.doc (aw)