Williams [2003] NZLLA 958 (15 December 2003)

Last Updated: 26 January 2012

Decision No. PH 958/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by CHRISTOPHER FELIUAKI WILLIAMS 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

No appearance by or on behalf of applicant
Mr R B Hunt - Auckland District Licensing Agency Inspector - in opposition
Constable T R Becker - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Christopher Feliuaki Williams for a General Manager’s Certificate. The criteria to which this Authority must have regard in considering such an application are set out in s.121 of the Act. In general terms the opposition to the application relates to the character and reputation of the applicant, and the convictions recorded against him. There is another issue, and that is that currently Mr Williams has no involvement in the hospitality industry.

[2] When he made his application in August 2002, Mr Williams was working at “The Stars Bar and Casino” in Otahuhu. The premises have since been sold, and he no longer has that employment although a satisfactory reference was produced.

[3] In the application form the question was asked, “has the applicant been convicted of any offence”. In this case the applicant ticked the box marked “no”, and the details of any offence were left blank. It so happens that Mr Williams has a relatively extensive criminal and traffic history of offending. Not only that, but there are currently outstanding charges.

[4] Mr Williams first came before the Courts in 1991, but the most serious of his offending took place in the Hong Kong Court on 15 June 2000. On that date Mr Williams was sentenced to 20 months imprisonment for presenting a cheque for the value of US$285,000 on behalf of Nigerian scam operators. We understand that Mr Williams served some 15 months of that sentence before coming to New Zealand. We also note that Mr Williams has two current charges for assaulting females. He is due in the District Court on 15 December 2003, and in March 2004, in respect of those two charges.

[5] The issues before the Authority are:

• [a] His failure to disclose the convictions;

[b] The convictions themselves; and
[c] His current lack of any involvement in the hospitality industry.

[6] The Police have also pointed out that in 1998, Mr Williams was convicted in respect of two charges of driving with excessive breath and blood alcohol, in respect of two incidents which had occurred in May 1998. On both occasions Mr Williams was convicted and fined and disqualified.

[7] Since Mr Williams has returned to live in New Zealand, he has acquired no less than four convictions for driving at an excessive speed, and a fifth conviction on 23 October 2003 for driving while his licence was suspended.

[8] The clear inference to be drawn from all those offences is that there must be concern about Mr Williams’ ability to comply with the law. This is the general yardstick which has to be applied when assessing the suitability of an applicant.

[9] Mr Williams has recently been in touch with the Authority’s staff. He is currently in Huntly. He has acknowledged that he is not working in licensed premises. He said that he is unable to get to the hearing, and he has asked that the matters be adjourned until the next year. While giving an indication that that may well have been possible, we have now been confronted by a considerable amount of evidence adverse to the application. It seems to us that any adjournment of these matters is simply putting off the inevitable.

[10] Where citizens are sentenced to imprisonment for serious offending, the general guideline set by the decision in G L Osborne LLA 2388/95 is a period of five years in which a citizen is required to show that the lessons have been learned, and that there has been no further offending. Not only has that not been the case, but there are outstanding charges which have yet to be dealt with.

[11] Finally, the Authority has said from time to time that it is not in the business of granting certificates to person who are not involved in the industry, and who do not have the committed support of an employer.

[12] For the reasons that we have attempted to articulate, any application for an adjournment of these matters is refused. Mr Williams needs to be aware that he must show that he is capable of living within the law before he is granted the privilege of managing licensed premises involving the sale and supply of liquor to the public.

[13] The application is accordingly refused.

DATED at WELLINGTON this 15th day of December 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Christopher Williams.doc(afw)