Williams, re [2003] NZLLA 448 (24 June 2003)

Last Updated: 18 April 2010

Decision No. PH 448/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by KERRY GLYN WILLIAMS pursuant to s.123 of the Act for the 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 HAMILTON on 29 May 2003

APPEARANCES

Mr K G Williams - applicant
Mr B D Faris – Waipa District Licensing Agency Inspector – in opposition
Constable B A Higgins – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Kerry Glyn Williams for the renewal of his General Manager’s Certificate. Mr Williams has held his certificate since 1995 and has been involved in the hospitality industry for some 26 years. At the time that he obtained his General Manager’s Certificate he had one conviction for driving with an excessive breath alcohol content. That conviction was incurred on 5 March 1991 and was obviously seen at the time as an isolated incident.

[2] The criteria to be considered by this Authority in such an 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 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 s.124 of the Act.

In a way all the criteria are involved in this case and it needs to be stressed that it is up to each applicant to show on the balance of probabilities that he or she is a suitable person to continue the privilege of holding a General Manager’s Certificate.

[3] In this case there have been two separate convictions which affect the application. Both convictions were incurred since the manager's certificate was last renewed. Over a period of time between 30 July 2001 and 21 January 2002 Mr Williams was employed as the manager of off-licences in Morrinsville and Cambridge. Both off-licences were held by a company known as Glen Boyd Holdings Limited of which Mr Williams was a shareholder and director. The facts show that during that period of time Mr Williams had a somewhat complicated procedure by which alcohol and food was charged. As a consequence of that procedure he was alleged to have stolen alcohol and food valued at approximately $2,600. He pleaded guilty to the charges and on 2 December 2002 in the District Court at Hamilton, he was convicted and ordered to pay costs only. Mr Williams has stressed that he is still a director of the company and that company continues to operate premises at Morrinsville.

[4] On 8 December 2001 Mr Williams had been at a function, which basically was the winding up of the premises at Cambridge. Drinks had been available from about midday and at approximately 7.45 that night Mr Williams decided that there was a last delivery to be made and he made it. He was stopped and breath tested. His level of alcohol in the breath was 984 micrograms of alcohol per litre of breath. Mr Williams was convicted on 3 May 2002, he was fined $800 and disqualified from holding or obtaining a driver’s licence for six months.

[5] Both convictions during the course of his holding a General Manager’s Certificate may be regarded as serious. The second conviction not only occurred at a time when Mr Williams was employed as a manager but when he was acting as manager. He spoke to his doctor about the issue and he is currently on a regime in which his drinking is considerably restricted. This has been also recommended for health reasons. He has been on this regime for some eight months.

[6] Mr Williams is keen to retain his General Manager’s Certificate because he still has an interest in the premises at Morrinsville and because he has been involved in the industry for such a long period of time.

[7] The Authority has said from time to time that the standards of managers have been raised considerably, particularly since the Act was amended in 1999, to place responsibility for the conduct of all licensed premises on the managers who were from then on responsible for ensuring that the Act, and the conditions of the licence, were complied with. The expectations are that managers will be persons who will not only uphold the law but set an example and encourage patrons to do the same. Regrettably Mr Williams has let himself down on these two occasions. We do not have before us either documentary confirmation as to any problem with the use or abuse of alcohol or the current employment. It seems that Mr Williams does not necessarily use his certificate at this time.

[8] Taking into account the criteria listed in s.126 of the Act we have to say that we are not satisfied that Mr Williams is currently suitable to hold the certificate. We need to point out that that finding should not be infinite and that Mr Williams should be encouraged to reapply at a suitable time. It may well be that a period of three years should elapse from the date of the offending. From the Authority’s standpoint any application would have to be accompanied by documentary confirmation that there is either no concerns about the use and abuse of liquor or that those concerns have been met. Mr Williams would also need the committed support of any employer were he to reapply.

[9] On that basis the application must be refused.

DATED at WELLINGTON this 24th day of June 2003

B M Holmes
Deputy Secretary Williams.doc(nl)