Autagavaia [2003] NZLLA 959 (15 December 2003)

Last Updated: 26 January 2012

Decision No. PH 959/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SIAOSI (GEORGE) AUTAGAVAIA 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 10 December 2003

APPEARANCES

Mr S Autagavaia
Mr C G Taylor - Waitakere District Licensing Agency Inspector - in opposition
Senior Constable J P Loye - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Siaosi (George) Autagavaia for a General Manager’s Certificate. Mr Autagavaia fulfils the majority of the criteria to which this Authority must have regard in considering such an application. These criteria are set out in s.121 of the Act.

[2] The applicant has completed a course of training with Swain and Associates. For the last five years he has been employed at a licensed restaurant known as “Grillers” in Waitakere City as a chef, although he has also carried out some managerial duties.

[3] Mr Autagavaia was interviewed by the District Licensing Agency Inspector and displayed a good knowledge of his legal responsibilities under the Act. When he made his application in June 2003, Mr Autagavaia disclosed two convictions for disorderly behaviour. These convictions are now somewhat historical. They were both incurred in 2000, and resulted in a conviction and discharge in respect of one, and an order to come up for sentence if called upon in respect of the other.

[4] Why this matter has been brought before the Authority is that on 18 February 2003, Mr Autagavaia was apprehended for driving with excess blood alcohol. There was a mix up with his address, and when the Police came to report on the application, they found there was in fact a warrant for Mr Autagavaia’s arrest in existence.

[5] Mr Autagavaia eventually came before the Court in Manakau on 18 August 2003. He was convicted and fined a nominal amount of $350 and disqualified for six months. The level of alcohol in his blood was 124 milligrams of alcohol per 100 millilitres of blood. That is a reasonably high level, although on hearing from Mr Autagavaia we believe that the charge could be regarded as an isolated event. There do not appear to be any latent issues involving liquor abuse.

[6] The Authority is governed by its own decisions, particularly the case of G L Osborne LLA 2388/95 in which it was stated that a reasonable stand down period for an isolated offence involving liquor abuse would be two years. That period represent the time scale in which an applicant can show that there he or she has been offending free, and that the original offence was isolated.

[7] Where persons have good support from an employer, and appear to be reasonably mature, we have from time to time reduced that period to 18 months. It is our view that this is such a case. We have received a reference today from the owner operator of the “Trade Winds Tavern” in Otara. The same person owns the business known as “Grillers”. Mr Autagavaia has been employed at “Trade Winds Tavern” since April 2003. His employer stated that Mr Autagavaia has become an important part of the business, and they have asked that the application be granted.

[8] It is our view that the date of offending in a case like this is probably more important than the date of conviction, particularly as there may have been a mix up concerning Mr Autagavaia’s appearance in the Court.

[9] We propose to adjourn these proceedings for a period of nine months, which will take the application through to September 2004. By that time a period of 18 months will have elapsed from the date of offending. If Mr Autagavaia can be offence free over that period, then we propose to grant the application on the papers, particularly as any manager’s certificate is for a probationary period of 12 months at any event.

[10] During the next nine months, we trust that Mr Autagavaia may be appointed as a temporary manager as and when required. In this way his competency, and his responsibility to issues such as liquor abuse can be monitored.

[11] The application will be adjourned accordingly. If there are incidents reported by either of the reporting agencies there will be a further public hearing. If not the application will be granted on the papers.

DATED at WELLINGTON this 15th day of December 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

George Autagavaia.doc(afw)