Johnson [2003] NZLLA 713 (25 September 2003)

Last Updated: 31 December 2011

Decision No. PH 713/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by DAVID COLIN JOHNSON 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 D C Johnson – applicant
Sergeant S A Hughes - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by David Colin Johnson for a General Manager’s Certificate. To a large extent Mr Johnson qualifies in terms of the criteria listed in s.121 of the Act. He has had training with D A Richards and Associates, and obtained a pass in the assessment requirements of NZQA 4646 and 16705. He has produced references from the “Voltage Café and Bar” and the “Hutt Sports Café” supporting his managerial ability.

[2] Mr Johnson has effectively been working in the industry since May 2003. At his current employment, (the “Hutt Sports Café”), the proprietors are anxious to promote him as a duty manager. They say that he has proven to be a conscientious and motivated member of the staff.

[3] On the other hand there are serious reservations about Mr Johnson’s character and reputation, and in particular, the convictions which have been recorded against him.

[4] Mr Johnson seems to have had a fascination with fast cars. He has amassed no less than nine separate offence incidents in the last four years. In March 1999 his driver’s licence was suspended for three months. Six months later he received his first conviction for driving while disqualified.

[5] Since that time, he has had two further convictions for driving while disqualified. He has had convictions for driving carelessly, for driving dangerously and for driving while his licence was suspended. Three of the most recent convictions occurred in January and February 2003.

[6] On 25 February 2003, Mr Johnson drove for the third time while disqualified. He was fined and further disqualified. In January 2003, Mr Johnson was apprehended for driving dangerously, and driving when his licence was suspended or revoked. Mr Johnson is currently disqualified (according to him) until October 2004.

[7] Mr Johnson has given evidence. He stated that he was in the boy racing scene, and that most of the offending occurred when he lived in Auckland, and was mixing with the wrong crowd. To some extent his evidence is supported by Mr Agent, who has known Mr Johnson for some time, and is his hockey coach. He says that the Mr Johnson who appears now, is different from the person who went to Auckland some years ago. He shows a lot more responsibility and honesty and integrity, and is trying to get ahead.

[8] The issues before the Authority are, on the one hand the convictions. These do not involve liquor abuse which is the primary and fundamental object of the Act. On the other hand the standards of managers have been raised considerably since the Act was last amended.

[9] Managers are now responsible for compliance with the Act, and the conditions of the licence when liquor is being sold. There is no way that we would allow a person with Mr Johnson’s record to be the holder of a General Manager’s Certificate.

[10] The issue for us is whether Mr Johnson would ensure that the licensed premises complies with the law. If a manager cannot do so, it is hard to see how patrons and licensees can be persuaded to do so.

[11] Mr Johnson is young, he will be 23 next month. It may be that he has turned the corner. Only time will tell.

[12] We have considered whether to decline the application outright. In the final analysis we have decided to adjourn the application for 12 months. In other words we are giving Mr Johnson the opportunity to show, that during the time that he is disqualified, he can stay away from cars, and obey the law. If he cannot, that is the end of the matter.

[13] We take the view that in the interim period of time Mr Johnson should not be made a temporary manager pursuant to s.128 of the Act. If he is able to see out the next 12 months, then sufficient time will have elapsed since his offending for the Authority to have confidence in his ability to maintain licensed premises in accordance with the Act.

[14] The proceedings will be adjourned. If we receive favourable reports after 12 months, we propose to grant the application on the papers.

DATED at WELLINGTON this 25th day of September 2003

Judge E W Unwin Mr J C Crookston
Chairman Member D C Johnson.doc(afw)