Goodman [2003] NZLLA 822 (31 October 2003)

Last Updated: 23 January 2012

Decision No. PH 822/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by MICHAEL JOHN GOODMAN 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 PALMERSTON NORTH on 22 October 2003

APPEARANCES

Mr R J S Munro - for applicant
Mrs L E Walsh - Horowhenua District Licensing Agency Inspector - to assist
Sergeant S P Chamberlain - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Michael John Goodman for a General Manager’s Certificate. This is an impressive application in all respects bar one. When he filed his application Mr Goodman produced three references. One from the business where he was currently working, one from a friend, and another from the “Levin Club” where he had worked for some 12 months. In addition Mr Goodman was produced three further references at the hearing from persons who have come to know him since he has established himself in Levin.

[2] In terms of the criteria in s.121 of the Act, Mr Goodman has had good experience in working at “O’Malleys Bar” in Levin for approximately two years before going overseas. Since he has returned Mr Goodman has been re-employed at “O’Malleys Bar”. He has the full and committed support of his employer, and he has been appointed as a temporary manager since March 2003.

[3] Mr Goodman produced a certificate from Innovative Educators that he has passed the host responsibility requirements as a liquor licence controller with Units 16705 and 4646 completed.

[4] The sole issue before Authority is the fact that Mr Goodman incurred a number of convictions when he was aged between 18 and 20. He repeated one of the convictions relating to abuse of liquor some three and a half years ago. The Police quite properly have produced to the Authority, not just the list of convictions, but reference to two further incidents involving breaches of the Sale of Liquor Act, for which no prosecutions followed.

[5] In terms of the convictions themselves Mr Goodman went to Nelson to, (as he put it), establish his independence. He clearly got in with the wrong crowd. Between 1993 and 1996 he was convicted no less than 17 times.

[6] Two of the convictions included driving with excess breath alcohol content with levels of 621 and 677 micrograms of alcohol per litre of breath. There were charges involving driving while disqualified and drugs. The last convictions were incurred on 26 August 1996, some seven years ago.

[7] However on 3 March 2000, Mr Goodman again drove with an excess breath alcohol level, and he was driving while his licence was suspended. His level was 1,098 micrograms of alcohol per litre of breath. This is an extremely high level and in the Authority’s view indicates a problem with the use and abuse of liquor. Mr Goodman was sentenced to imprisonment for two months. The month or so that he spent in prison was an extremely salutary experience for him, and there is no question that it had an impact on him. Mr Goodman lost his job, and lost his way. He eventually went to Australia where in the course of time he began to get a better perspective on the path in which he was heading.

[8] It is clear to us that Mr Goodman has, as they say, ‘turned the corner’. He has a partner and a young child, and somewhat more importantly, he has a good job in the industry. Not only that, but Mr O’Malley, his employer, has seen fit to come to the hearing in Palmerston North to support his employee. Not all employers do that and his supportive presence is of some significance to the Authority.

[9] Mr O’Malley started “O’Malley’s Bar” in Levin 13 years ago. He does not believe that the premises could be described as problem premises notwithstanding some concerns from the Police. He says that they operate a strict regime which includes preventing the public coming in after 1.30 am. Sometimes this will cause street problems. Mr O’Malley said that in the 13 years that he has been running ‘O’Malley’s’, Mr Goodman has shown the greatest capability of any person he had employed in the ability to run the business. He describes Mr Goodman as conscientious with a strong character displaying integrity.

[10] The Police referred to two other incidents. One related to the failure to display Mr Goodman’s name as being the duty manager. This was fixed immediately. The second matter related to the presence of two persons in the bar approximately one hour after closing. The people were described as the organisers of a function, and no doubt should not have been present. The Police have appropriately brought their concerns before the Authority.

[11] The District Licensing Agency Inspector took the view that Mr Goodman had turned the corner, and was working hard to make amends for his past failures. This is a situation where there has to be a balancing exercise made by the Authority. We are guided to some extent by previous decisions, in particular the case of G L Osborne LLA 2388/95.

[12] The Authority tried to set out some guidelines in that case. In particular it stated that if there were serious convictions or convictions involving the use or abuse of liquor or involving conduct on licensed premises, then the Authority might be looking for a period of five years conviction free before granting any application.

[13] On other matters where there are isolated incidents, the Authority might look for a period of two years. It could be argued that the re-occurrence of the offending in 2000 might have been isolated. However, there was only a difference of some three and a half years. In the end it is our view that a period of four years from the last conviction is an appropriate time for Mr Goodman to show that he has in fact turned the corner. That period of time has not been reached yet but it is not that far away.

[14] Taking into account the concerns raised by the Police relating to a technical and possibly a substantive breach of the Sale of Liquor Act, but bearing in mind the other positive factors, we believe that this application should be adjourned for nine months. That period of time will enable Mr Goodman’s conduct to continue to be monitored. The period of time will enable Mr Goodman to continue to act from time to time as a temporary manager, and show that Mr O’Malley’s faith in him is not misjudged.

[15] If at the end of that time there are no other incidents reported to us, we propose to grant the application on the papers without a further hearing. If there are such incidents then this matter can be brought back before us again if necessary.

[16] The application is adjourned accordingly.

DATED at WELLINGTON this 31st day of October 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

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