Bradley [2003] NZLLA 953 (15 December 2003)

Last Updated: 26 January 2012

Decision No. PH 953/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by OLIVER FRANCIS BRADLEY 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 AUCKLAND on 8 December 2003

APPEARANCES

Mr O F Bradley - applicant
Mr R Hunt - Auckland District Licensing Agency Inspector - in opposition
Mr R G Poole - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Oliver Francis Bradley for a General Manager’s Certificate. Mr Bradley fulfils the majority of the criteria which are set out in s.121 of the Act. He has completed a course of training with Hospitality Management Consultants Limited. He has had a good deal of experience with the conduct of licensed premises, and indeed was appointed as a temporary manager of licensed premises known as “Cardiac” following the filing of his application. He displayed to the Inspector a good knowledge of his legal responsibilities under the Act. Mr Bradley is a mature individual, and has produced references as to his character from an independent and reliable source.

[2] Mr Bradley disclosed that he had received convictions in 2001, and it is these convictions which have resulted in opposition from the Police, and to some extent the District Licensing Agency Inspector. The evidence is that before midnight on Friday 29 June 2001, Mr Bradley was driving a car in Karangahape Road. A passenger grabbed a handbrake when Mr Bradley was in the process of doing a U-turn, because the passenger thought that a car was about to be hit. His concerns were realised when there was a collision with a parked car. Mr Bradley compounded his offending by driving away from the scene.

[3] He received two convictions, but more importantly he was breath tested and produced a level of 852 micrograms of alcohol per litre of breath. This is more than twice the allowable limit. Mr Bradley says that he has done a considerable amount of thinking since that time. He has grown up. He acknowledged that he has made a stupid mistake.

[4] He provided a reference from “Cardiac”, but that business has since gone into receivership. There is also a reference from the manager of “Rice” where Mr Bradley currently works. Finally he has produced a reference from a licensed restaurant known as “Pasha” where he hopes to be able to obtain employment commencing this Wednesday.

[5] Both the Police and the District Licensing Agency Inspector have suggested a three year stand down period because of the aggravating features surrounding the two incidents. This is a year more than the two year stand down period for an isolated offence suggested in Osborne’s case LLA 2388/95. We take the view that to some extent the application has been overtaken by time. It is now two and half years since the conviction. We point out that convictions are but one part of the equation in assessing suitability.

[6] Other matters which the Authority will take into account include the maturity of the individual, the applicant’s knowledge of his or her responsibilities under the Act, experience in the conduct of licensed premises, and the support of any employer. It is these positive factors that have persuaded us that in this case, (accepting that a manager’s certificate is for a probationary period of one year), the application should be granted, and it is granted accordingly.

DATED at WELLINGTON this 15th day of December 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Oliver Bradley.doc(afw)