Shingleton, re [2003] NZLLA 71 (26 February 2003)

Last Updated: 18 February 2010

Decision No. PH 71/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by EVELYN ADELE SHINGLETON 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 22 January 2003

APPEARANCES

No appearance by or on behalf of applicant
Mr R S Putze – Wellington District Licensing Agency Inspector – to assist
Sergeant G D Verner – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Evelyn Adele Shingleton for a General Manager’s Certificate.

[2] The criteria to which this Authority must have regard in considering such an application are contained in s.121 of the Act. The relevant criteria for this case is item (b), although it could also be argued that to some extent Miss Shingleton’s experience is also at issue. Section 121(b) reads:

“Any convictions recorded against the applicant.”

[3] At the time when she made her application in August of last year Miss Shingleton was working as a retail assistant at City Stop in Manners Street. She had the support of her employer for such an application. We have reason to believe that since that time she has left that employment.

[4] In the application form Miss Shingleton was asked the question, “has the applicant been convicted of any offence?” The answer was ticked as “yes”. The next question was, “if yes, what was the nature of the offence, the date of conviction and the penalty suffered?” Miss Shingleton wrote, “drink driving over two years ago, loss of licence.”

[5] The evidence we have received at the hearing of the application discloses that Miss Shingleton has no less than five convictions since 1997.

[6] On 28 February 1997, she was convicted in respect of two charges involving the drink driving laws. The first conviction related to a 1996 incident, and was for driving with an excessive blood alcohol content. The level on that occasion being 111 milligrams of alcohol per 100 millilitres of blood. At the same time Miss Shingleton was also convicted for driving with an excessive breath alcohol content in February 1997. On that occasion the level was 813 micrograms of alcohol per litre of breath. This was a very high level considering Miss Shingleton’s previous conviction, and her age.

[7] Approximately a year later, Miss Shingleton was convicted for driving whilst disqualified. On 27 May 1999, Miss Shingleton received her third conviction against the drink driving laws. She was found to have been drinking and driving on 13 February 1999. She was convicted and ordered to do six weeks non-residential periodic detention. The level on that occasion was 558 micrograms of alcohol per litre of breath.

[8] As the Police have correctly pointed out, we are governed by Osborne LLA 2388/95 in which the Authority stated:

“Without fettering ourselves on this or other applications it may be helpful if we indicate that we commonly look for a five year period free of any serious conviction or any conviction relating to or involving the abuse of alcohol or arising in the course of an applicant’s duty on licensed premises.”

[9] In the absence of any explanation from Miss Shingleton the decision in Johns LLA 974/98 is also relevant. On that occasion the Authority stated:

“We take a very serious view of any failure to report correctly the complete list of convictions.”

[10] Miss Shingleton has failed to appear today. As recorded earlier, she has left her current employment. The strong inference can be drawn that in the light of the Police objection, Miss Shingleton has lost all interest in pursuing her application for a General Manager’s Certificate. Indeed we would suggest that not only would she need to wait out a five year period from the date of the last conviction, she would have to satisfy this Authority that she has no lasting problem with any possible abuse of alcohol.

[11] In all those circumstances, the application is refused.

DATED at WELLINGTON this 26th day of February 2003

__________________ ___________________

Judge E W Unwin Mr J C Crookston

Chairman Member

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