Surrey v Haskett [2003] NZLLA 803 (29 October 2003)

Last Updated: 23 January 2012

Decision No. PH 803/2003

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 or cancellation of General Manager’s Certificate number GM 1392/2000 issued to JOHN JOSEPH HASKETT

BETWEEN TANYA JAYNE SURREY

(Queenstown Lakes District Licensing Agency Inspector)

Applicant

AND JOHN JOSPEH HASKETT

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at QUEENSTOWN on 14 October 2003

APPEARANCES

Ms T J Surrey – Queenstown Lakes District Licensing Agency Inspector – applicant
Mr J J Haskett – respondent
Sergeant P Stratford – NZ Police – in support of applicant

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by the Queenstown Lakes District Licensing Agency Inspector, for the suspension or cancellation of a General Manager’s Certificate issued to John Joseph Haskett. 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 facts on which the Inspector relies are as follows. On 7 July 2003, Mr Haskett was convicted in the Queenstown District Court for driving with an excess blood alcohol concentration. The conviction arose from a random stopping incident. Mr Haskett produced a breath alcohol level of 499 micrograms of alcohol per litre of breath. He requested a blood sample which resulted in a reading of 122 milligrams of alcohol per 100 millilitres of blood.

[3] Mr Haskett has acknowledged he made an error or judgement which has been a very expensive exercise for him. He received a large fine and was disqualified for eight months. He noted that he had drunk five beers, and thought that he was in a position that he would be able to drive without being over the limit.

[4] The incident was aggravated by the fact that prior to his obtaining a General Manager’s Certificate some five years previously, Mr Haskett was convicted in the Christchurch District Court on 17 June 1998 of driving with an excess breath alcohol content. On that occasion the level was 534 micrograms of alcohol per litre of breath. Mr Haskett was questioned about any potential abuse of liquor. We are satisfied from his replies that he is a relatively mature person who has had a positive involvement with the hospitality industry. He is unlikely in our view to have an issue with the use or abuse of liquor. In all other respects he would appear to have had, and will continue to have, a responsible role in the industry.

[5] Mr Haskett has been employed in licensed premises both in Ashburton and Christchurch. For a long period of time he was the manager of the off-licence involved with the “Brougham Tavern”.

[6] He came to Queenstown some seven months ago and he is currently the manager of “Queenstown Night and Day”. This is 24 hour convenience store. It has to be said that any suspension of Mr Haskett’s General Manager’s Certificate might have a greater impact on himself (if not his employer), than others. This is because the business is a smallish type operation, and the holding of a General Manager’s Certificate is a prerequisite to a managerial role.

[7] Ms Surrey has referred to us decisions of the Authority, in particular Fraser John Skinner PH 283/2002, and Alastair Robert Lyon PH 57/2003. Both of these cases support the Authority’s attitude that holders of General Manager’s Certificate must appreciate that if they become involved in any liquor abuse issue, then they place their General Manager’s Certificate at risk. This is partly because of the expectation which Parliament has placed on general managers to set examples to their patrons, and ensure the safety of those patrons. As a consequence the Authority has been relatively consistent in suspending General Manager’s Certificates from time to time.

[8] In this case we have considered all the issues, and have not been able to find that there is an exception to be made in Mr Haskett’s case. There is an aggravating feature that a pattern of offending has developed, albeit that the convictions are five years apart.

[9] In all the circumstances and bearing in mind our responsibility to s.4 of the Act, we suspend Mr Haskett’s General Manager’s Certificate for four weeks from Tuesday 28 October 2003.

DATED at WELLINGTON this 29th day of October 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Haskett.doc(afw)