Young [2003] NZLLA 708 (25 September 2003)

Last Updated: 30 December 2011

Decision No. PH 708/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JABAN WALLACE YOUNG pursuant to s.118 of the Act for a 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 17 September 2003

APPEARANCES

Mr J W Young – applicant
Mr D K Bentley - Hutt City District Licensing Inspector - to assist
Sergeant W D Radovich - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Jaban Wallace Young for a General Manager’s Certificate. The criteria to which this Authority must have regard in considering such an application as set out in s.121 of the Act.

[2] In this case the relevant criteria are:

(a) The character and reputation of the applicant:

(b) Any convictions recorded against the applicant:

[3] Mr Young satisfies the other criteria. In other words he has experience in the conduct of licensed premises. He has been working since 17 January 2003, at the “Lifeboat Tavern” in Eastbourne. He started in a part time capacity, and subsequently became a full time member of the staff. He has shared in managerial duties, and has been appointed from time to time as a temporary manager.

[4] Not only have the two owners seen fit to issue supportive references, but they have both come to the hearing. They have given evidence that they are prepared to employ Mr Young as a general manager notwithstanding a conviction incurred for offending that happened 12 months ago.

[5] Mr Young has received training from Brett Jones and Associates Limited. The Police opposed the application on the grounds of a relevant previous conviction, and accordingly the matter was set down for a public hearing.

[6] The evidence shows that between August 2002 and November 2002 Mr Young was the manager and sales person for a menswear store in Wellington. He was placed in charge of sales transactions involving the handling of cash. During the three-month period in question, he completed a series of fraudulent transactions obtaining refunds for fictitious purchases. By this method he was able to obtain just over $4,000.

[7] Mr Young acknowledged that he had committed the crime and said that he had money troubles at the time. The offending occurred between August and November as stated. In January 2003, Mr Young was convicted in the Lower Hutt District Court for the serious offence of theft as a servant. He was sentenced to 60 hours community work and ordered to pay the balance of the reparation which amounted to $1,135. Mr Young has paid off half of this amount and there is still another $500 outstanding.

[8] The Authority is therefore faced with a balancing exercise between what is seen as serious offending, and the support Mr Young has, for his continued employment in the industry. It is acknowledged that the offending did not involve the abuse of liquor. On the other hand it falls into the category which was referred to in Osborne’s case (LLA 2388/95). In that case, the Authority said where there are isolated incidents of offending, the Authority would look for a period of two offence free years. In serious cases up to five years should elapse before the person would be regarded as able to carry the onerous responsibility of the management of licensed premises.

[9] In this case Mr Young is relatively mature. He has the active support of the owners of the licensed premises. We think that the application is premature. In other words Mr Young has not yet established that he has learned the lessons of the past. In those circumstances he is not regarded as a person who would set the best example to the patrons.

[10] However, taking into account the support that he has, we propose to adjourn these proceedings for 12 months. If at the end of that time there have been no other incidents, then we propose to grant the application on the papers. Furthermore, we take the view that from time to time, Mr Young can be appointed as a temporary manager in view of the fact that the application is still in existence.

[11] The decision of the Authority therefore is to adjourn these proceedings for 12 months, and to call for a report from the District Licensing Agency Inspector and/or the Police. If the report is satisfactory the application will be granted on the papers.

DATED at WELLINGTON this 25th day of September 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

J Young.doc(afw)