Walker v Crosbie [2003] NZLLA 768 (10 October 2003)

Last Updated: 23 January 2012

Decision No. PH 768/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 050/GM/0368/02 issued to COLM PATRICK CROSBIE

BETWEEN TREVOR WALKER
(Police Officer of Nelson)

Applicant

AND COLM PATRICK CROSBIE

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr J C Crookston

HEARING at NELSON on 1 October 2003

APPEARANCES

Sergeant T Walker – NZ Police – applicant
Mr C P Crosbie – respondent
Mrs A Ward-Hamilton – Nelson District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by the Police for the suspension of a General Manager’s Certificate issued to Colm Patrick Crosbie. The ground for the application is that the conduct of the manager is such as to show that he is not a suitable person to hold the certificate.

[2] The evidence received by the Authority shows that Mr Crosbie was granted his General Manager’s Certificate on 15 October 2002. Mr Crosbie is the co-licensee of licensed premises known as “The Mean Fiddler” which is situated in Bridge Street, Nelson. According to the District Licensing Agency Inspector, the premises have always been well run and managed. This has to a large extent been confirmed by Mr Crosbie.

[3] The reason that the application was brought relates to a conviction for an assault incurred by Mr Crosbie under the Summary Proceedings Act. The offence occurred on 4 April 2003, and the conviction was entered in the District Court at Nelson on 22 July 2003. Mr Crosbie was fined the very moderate amount of $100.

[4] According to the summary of facts, the incident occurred just before 4.00 pm on Friday 4 April 2003. The incident occurred in a city street. There was little if any provocation, other than an argument between the parties. This has been confirmed by Mr Crosbie. He and the victim were known to each other, and have been acquaintances for some time. According to Mr Crosbie he has given work to the victim in the past, and assisted him in a variety of ways.

[5] An issue had developed between himself and the victim, although he is not certain what that issue was about. He referred to a period of time where he was abused and shown the fingers, along with other conduct of the victim. This led to Mr Crosbie’s inevitable annoyance. It so happened that he met the victim on the street on this particular afternoon. He asked him what the significance of the fingers was. He received a suggestion that he leave. He then head butted the victim once to the forehead. There was moderate bleeding as a result of the victim’s sunglasses being broken against the bridge of the nose. There was an attempt to deal with the matter by way of restorative justice, which was unsuccessful, and the victim has since left town.

[6] It is noted that the offending is not related to liquor abuse. There are two slightly aggravating aspects to the incident. First is the decision of Marx LLA 946-947/97, in which the Authority indicated in relation to the grant of General Manager’s Certificates, that it usually gives added weight to any conviction for assault or violence against any person. The second aggravating feature was that the offence occurred during Mr Crosbie’s probationary year as the holder of a General Manager’s Certificate.

[7] Such a matter is therefore viewed with some concern. On the other hand Mr Crosbie has given a good account of himself. We see no reason at all why the incident should not remain an isolated one. In all the circumstances we believe that a short period of suspension is appropriate in line with the moderate fine.

[8] Accordingly, the General Manager’s Certificate will be suspended for three weeks. The period of suspension will commence on the day of the hearing being 1 October 2003.

DATED at WELLINGTON this 10th day of October 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Crosbie.doc(afw)