Hauparoa, re [2003] NZLLA 51 (13 February 2003)

Last Updated: 17 February 2010

Decision No. PH 51/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by MICHAEL TAMATEA HAUPAROA

Pursuant to s.123 of the Act for renewal of his General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at WELLINGTON on 24 January 2003

APPEARANCES

Mr M T Hauparoa – applicant in person
Mrs D M Robertson – Porirua District Licensing Agency Inspector – in opposition
Senior Sergeant Sargent – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Michael Tamatea Hauparoa for the renewal of his General Manager’s Certificate.

[2] The criteria which need to be considered by this Authority in any such application are contained in s.126 of the Act. These criteria are:

(a) The character and reputation of the applicant.
(b) Any convictions reported 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 to contributing to the reduction of liquor abuse; and
(d) Any matters dealt with in a report made under section 124 of this Act.

[3] In this case objections were lodged by the Police and District Licensing Agency Inspector, because of the fact that a drink driving conviction was incurred by the applicant after his manager’s certificate was issued. Furthermore, that conviction was not disclosed in the renewal application form. The enforcement agencies were quite correct to bring this matter before the Authority.

[4] When Mr Hauparoa made his initial application for a manager’s certificate, back in late 2001, he had some historical drink driving convictions. Those convictions were incurred some seven to eight years previously. Because he had been out of trouble for a considerable period of time, a manager’s certificate was granted. The date of the issue of the certificate was 8 October 2001. It so happens that on 3 October 2001, when the application was being processed, Mr Hauparoa was apprehended for drinking and driving. The level was 611 micrograms of alcohol per litre of breath.

[5] Mr Hauparoa has explained that he did not think that he was over the limit. He wanted to have a blood test, but was unable to do so because of the conclusive nature of the result. He was convicted approximately six weeks later on 16 November 2001.

[6] Some ten months later, on 27 September 2002, he completed his application form. He was asked whether he had been convicted for any offence since his manager’s certificate was issued. He thought back to the time when it was issued and took the view that he had been convicted prior to the issue. He was unsure of the date of the conviction and incorrectly checked the wrong box.

[7] We have heard his explanation and we are prepared to accept that he is by nature an honest person. We are prepared to give him the benefit of the doubt for the failure to show that conviction in the form. The Senior Sergeant pointed out that in cases such as Johns LLA 974/98 the Authority has said that it takes a very serious view of any failure to disclose the convictions because it indicates dishonesty.

[8] In terms of the criteria, Mr Hauparoa came across as a person who has helped to contribute to the reduction of liquor abuse. He believes that he runs a good operation and he enjoys what he does. The premises themselves where he works is known as “Maximus Bar & Café” and is not regarded as problem premises.

[9] The issue then is the conviction itself. Mr Hauparoa says that he has had five counselling sessions following the conviction to deal with any perceived alcohol problems. We take the view that any conviction incurred which involves an abuse of liquor, when a person carries the onerous responsibility of being the manager of a licensed premises, is a serious issue.

[10] However, we have decided in the circumstances after taking into account what Mr Hauparoa has said, not to take his livelihood from him. Nevertheless the renewal will be for one year only. Mr Hauparoa’s manager’s certificate will be renewed to 8 October 2003, a little less than nine months away. Mr Hauparoa will have to apply again for a further renewal before that event. If there are any signs that he has an alcohol problem or, of course, any further convictions or related incidents, then any further renewal will be highly unlikely. In the meantime, his manager’s certificate is renewed for one year.

DATED at WELLINGTON this 13th day of February 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

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