King, re [2003] NZLLA 88 (28 February 2003)

Last Updated: 20 February 2010

Decision No. PH 88/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SHANE JAMES KING 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 CHRISTCHURCH on 29 January 2003

APPEARANCES

Mr S J King – applicant in person
Mr M Ferguson – Christchurch District Licensing Agency Inspector – in opposition
Sergeant J F Armstrong – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Mr S J King for a General Manager’s Certificate. We remind ourselves of the criteria to which we must have regard in considering such an application. These criteria are listed in section 121 of the Act. They are:

(a) The character and reputation of the applicant:

(b) Any convictions recorded against the applicant:

(c) Any experience, in particular recent experience, that the applicant has had in managing any premises or conveyance in respect of which a licence was in force:

(d) Any relevant training, in particular recent training, that the applicant has undertaken and any relevant qualifications that the applicant holds:

(e) Any matters dealt with in any report made under section 119.

[2] In terms of training and experience, Mr King qualifies for a certificate. He worked at the “Quality Kings Hotel” in Greymouth, and has produced a reference from the general manager of that licensed premises. He has worked at the “Latimer Hotel” on a full-time basis for the last two years, and has the generous support of the manager of that hotel. The employer also paid for his training, and for filing this application. He has no less than four certificates, and he has completed a number of courses. One related to wine appreciation from the Greymouth Polytechnic. One related to food and beverage selling which was at the “Copthorne Central Hotel”. He has a certificate on Health and Safety in the workplace, and has completed a course in host responsibility organised by “Quality Kings Hotel” in Greymouth.

[3] The Police and the District Licensing Agency Inspector have correctly brought the matter before a public hearing because of Mr King’s previous convictions. These convictions disclose that Mr King was convicted of driving with an excessive breath alcohol content on 29 November 1994.

[4] We accept that this was an isolated offence, and that it is now some time since that conviction was recorded. Mr King was also convicted on 12 November 1996 in the District Court at Greymouth for theft as a servant. He advised us that he was working at Farmers Trading at the time. The amount involved was some $700 which he has repaid. The most recent conviction was on 24 January 2001. Mr King was convicted of using a document, and fined $250.

[5] Over a three month period between 1 September and 26 November 2000, Mr King was working as a restaurant supervisor at the “Copthorne Hotel” in Christchurch. During this period he provided a drinks price schedule which incorporated a fictitious 50 cent surcharge on wine and beer. This schedule was always handed to the leader of tour groups. Settlement of the drinks account was made by the tour leader. Mr King indicated that to some extent the fraud had been initiated by the desire of some tour leaders to ask for a surcharge, so that the tips could be handled in a global way. He accepts however that he fraudulently used a document in this way. We understand that he shared the profits with other staff working in the restaurant. Apparently his share of the profits from the scheme amounted to $180.

[6] Mr King stated that he is trying to put that offending behind him. He has been encouraged by his current employers, and he is very anxious to return to them his thanks and appreciation for the faith they have had in him. He believes that he has paid for his offences, and he is in a position where he wishes to assume greater responsibility in the hospitality industry.

[7] Mr King made a good impression on the Authority when he gave evidence. However, we are still concerned as to whether we can rely on him to uphold the law. We do note that two years has elapsed, since the last offending, for which he has been conviction free. In view of the fact that it is a second conviction for dishonesty, and because the offending happened while he was working in licensed premises, we take the view that this case should be adjourned for a period of nine months. We are balancing as best we can the competing factors.

[8] If Mr King has no further convictions over the next nine months, and there are no other adverse reports about him, then we propose to grant this application on the papers. If there are any other adverse matters then the matter will have to come back before a public hearing.

[9] In terms of suitability, if Mr King can show that he has been incident free for just under the three years, then, combined with his work experience and knowledge, we believe that he will be a suitable person to run a licensed premises in an unsupervised capacity. The application is adjourned accordingly.

DATED at WELLINGTON this 28th day of February 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

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