Harding [2003] NZLLA 676 (18 September 2003)

Last Updated: 30 January 2012

Decision No. PH 676/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by CARL HARDING pursuant to s.123 of the Act for 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 AUCKLAND on 11 September 2003

APPEARANCES

Mr C Harding – applicant
Mr C G Taylor – Waitakere District Licensing Agency Inspector – to assist
Senior Constable J Loye – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Carl Harding for the renewal of his General Manager’s Certificate. Mr Harding was first granted a General Manager’s Certificate in 1993, and it has been renewed on a regular basis since that time. Mr Harding was involved on a full-time basis in the industry, but sold his business some three years ago. Since that time he has become not only the president, but a volunteer duty manager at the “Huia Fishing Club”. The Secretary of the Club has appeared before the Authority to support Mr Harding’s application for the renewal of the certificate.
[2] The criteria which must be considered by the Authority in coming to a decision 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.

[3] There are no issues with regard to (a), (c) and (d). Clearly Mr Harding is a well-known and valuable member of the industry, albeit that his involvement at this time is only on a part-time basis. He takes the view that he may well get other managerial part-time jobs from time to time.
[4] Normally speaking, the Authority does not grant certificates to be used as a bankable resource for the future, but in this case the certificate is being used.
[5] The reason the matter came before us is that on 29 March 2002 Mr Harding was stopped at a compulsory breath testing checkpoint. A level of 550 micrograms of alcohol per litre of breath was obtained. He admitted that he had had a few glasses of wine with dinner prior to driving. At the time he appeared, Mr Harding was a 51 year old first offender. Mr Harding was convicted and fined and disqualified.
[6] Mr Harding has acknowledged the error of his ways. He says that this was a wake up call for him, and that he does not drink when he is on duty at the “Huia Fishing Club”. He took the view that he thought he had paid his penalty. The Authority took the opportunity to remind him of previous decisions in which it has been stated that where persons who are the holders of General Manager’s Certificates, then they need to be aware that any offence involving the abuse of alcohol will place such certificate at risk.
[7] In order to bring the message home to Mr Harding and others that the example should be set for all patrons, the decision of the Authority is to renew the manager’s certificate, but only for 15 months. This means that it will fall due again for renewal on 18 November 2004. This gives both the Authority and the reporting agencies the opportunity to monitor Mr Harding’s involvement in the industry to ensure that there is no repetition of the offending.
[8] The renewal is granted accordingly on these terms.

DATED at WELLINGTON this 18th day of September 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

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