Verner v Dawson [2003] NZLLA 929 (8 December 2003)

Last Updated: 26 January 2012

Decision No. PH 929/2003

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 GM 259/92 issued to ROBERT CHARLES DAWSON

BETWEEN GRANT DAVID VERNER
(Police Officer of Wellington)

AND ROBERT CHARLES DAWSON

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at WELLINGTON on 25 November 2003

APPEARANCES

Sergeant G D Verner - NZ Police - applicant
Mr R C Dawson - respondent
Mr R S Putze - Wellington 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 Robert Charles Dawson. The ground for the application is that Mr Dawson’s conduct has been such as to show that he is not a suitable person to hold the certificate.

[2] The evidence before the Authority relates to a conviction incurred by Mr Dawson for driving with excessive blood alcohol. The facts were that at about 1.00 am on 4 January 2003, Mr Dawson was driving a motor vehicle in Island Bay. He failed the drink driving procedures, and elected for a blood sample to be taken. This returned a reading of 148 milligrams of alcohol per 100 millilitres of blood which is a level of almost twice the allowable limit.

[3] It is noted, although not necessarily relevant, that Mr Dawson has a historical conviction which occurred some 14 years previously. For the current offence, Mr Dawson was convicted in the Wellington District Court on 23 April 2003, and was fined and disqualified. As he has pointed out the incident came at considerable cost to himself, and is the first such incident involving his General Manager’s Certificate, since he was first granted a certificate some 30 years previously. Mr Dawson has an exemplary record in the industry. He has worked for breweries, and for licensing trusts, and for himself for a considerable period of time without incident. His last employment was at the “Newland Arms Tavern” where he finished up some eight or nine weeks ago. He currently is looking for further employment in the industry.

[4] The issue is whether it is desirable that his General Manager’s Certificate be suspended, and if so, for how long. Since Mr Dawson obtained his General Manager’s Certificate, the standards have been elevated considerably. It was said in a case of Deejay Enterprises Limited LLA 531 – 532/97:

"The guiding hand or hands-on operator of any company or the potential holder of a General Manager’s Certificate now receive greater scrutiny from both the Police and other reporting agencies. Character and reputation are closely examined. The law and human desires of patrons frequently tug in different directions. The Police cannot be everywhere. Little but a licensee’s or manager’s character and suitability may stand between upholding the law and turning a blind eye. Self imposed standards in accordance with the law must be set by licensees and holders of General Manager’s Certificates."

[5] It is the setting of those standards by an educative process that is the issue today. It was said in a case of Albert Robert Lyon LLA PH 57/2003:

“It is our view that if managers are guilty of breaches of the drink driving provisions of the Land Transport Act they must expect their certificates to be suspended for a period. The length of the period should represent a balance between the seriousness of the offending and the maximum term of six months. In the majority of cases such a result will be seen by the Authority as a desirable step towards the promotion of the object of the Act.”

[6] Mr Dawson is concerned about double jeopardy, but the criminal law deals with persons who have broken the law, and the Authority deals with those persons whose conduct has placed their holding of a General Manager’s Certificate at risk. General managers are expected to set an example to patrons, and try and ensure that the object of the Act, which is the reduction of liquor abuse, is eventually achieved. In other words the Sale of Liquor Act makes provision for the fact the people can be dealt with in both forums.

[7] In this case the normal period of suspension would be four weeks reflecting the level of alcohol in the blood. Having heard from Mr Dawson, we take the view that because of his excellent record and long term service, that period of time should be reduced to three weeks. The intention of the Authority is to suspend the General Manager’s Certificate for three weeks. The decision reflects the Authority’s attempt to ensure that the holders of all General Manager’s Certificates are aware that any involvement with liquor abuse, will place their General Manager’s Certificate at risk.

[8] In this case Mr Dawson’s General Manager’s Certificate is suspended for three weeks from 1 January 2004.

DATED at WELLINGTON this 8th day of December 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Dawson Robert.doc(afw)