Graham [2003] NZLLA 677 (18 September 2003)

Last Updated: 30 January 2012

Decision No. PH 677/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by HORI POTATAU GRAHAM pursuant to s.123 of the Act for renewal of a Club 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 H P Graham – 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] Before the Authority is an application by Hori Potatau Graham for the renewal of his Club Manager’s Certificate.
[2] The relevant criteria in terms of s.126 of the Act, is the issue of convictions recorded against the applicant since the certificate was last renewed.
[3] Mr Graham has had a Club Manager's Certificate since about 1992. It may be that it was not renewed, and another certificate was issued in 1996. Initially Mr Graham was employed at the Waitakere City Council, and was the chairman of the social club. Hence the need to obtain a certificate. He has used his certificate from time to time at other clubs including the “West Tech Sports Club” which is now defunct. Currently he is one of the few members of the “Over-50s Eight Ball and Dart Club” at New Lynn, who has a current Club Manager's Certificate. He says that he uses his certificate practically every day on a voluntary basis at the club.
[4] The reason the matter was properly brought before the Authority, was a conviction incurred by Mr Graham for driving after drinking. On 10 November 2001, his motor car was stopped just before midnight. On breath testing procedures being completed, a level of 840 micrograms of alcohol per litre of breath was obtained. This is a very high level. Mr Graham said that he had had three jugs of beer prior to being stopped, but over a period of approximately four hours. He believed that he would be sober enough to drive. He was on medication, and took the view that the level should not have been that high. He said the same thing about a previous conviction in 1998, when his breath alcohol level was 579 micrograms of alcohol per litre of breath.
[5] As stated, the Police quite properly have brought these convictions before the Authority. The Authority has stated in the past that if the holder of any Club or General Manager's Certificate is convicted of any offence involving the use or abuse of liquor, then such certificate will be placed at risk. Furthermore, because the standards of managers have been raised, and because managers are expected to set examples to their patrons and ensure the safety of their patrons, then any offending while being the holder of any certificate will be regarded more seriously, than if the offending had been carried out by an ordinary citizen.
[6] In order to bring home that message we propose to grant the application, but for a shorter period so that Mr Graham will again undergo a type of probationary period. We note that no s.135 application was brought for the suspension of the certificate. Had that happened, then it is likely that the certificate would have been suspended for up to two months.
[7] In all the circumstances, (and we do take into account that Mr Graham’s application is supported by the club), the certificate will be renewed for a period of 18 months, which means that it will fall due again on 18 September 2004, in approximately twelve months’ time.
[8] The application for renewal is granted accordingly.

DATED at WELLINGTON this 18th day of September 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

hgraham.doc(aw)