Cook, re [2004] NZLLA 115 (25 February 2004)

Last Updated: 20 February 2010

Decision No. PH 115/2004

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ANDREW JOHN COOK pursuant s.123 of the Act for renewal of 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 10 February 2004

APPEARANCES

Mr A J Cook - applicant
Mr P Spang - 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 Andrew John Cook for the renewal of his General Manager’s Certificate. The criteria to which this Authority must have regard in considering such an application are contained in s.126 of the Act. These criteria relate to such matters as Mr Cook’s character and reputation, and the manner in which he has managed the sale and supply of liquor pursuant to the licence with the aim of contributing to the reduction of liquor abuse. We must also consider any convictions recorded against a manager since the certificate was last renewed.

[2] Mr Cook presents today with good credentials. He was first granted his General Manager’s Certificate on 23 September 1999. The certificate has been renewed once. Since that time Mr Cook has become a factory manager for a manufacturing company. However, he has continued to work in the industry on a part time basis and sees the certificate as important to him. Although it appears that his certificate is not necessarily used when working on a part time basis, the fact that it is available gives some form of comfort to his employers. Mr Cook works approximately once a week at the “Famous Grouse Tavern” in Lincoln, and also at a licensed premises in Kaiapoi.

[3] The reason the matter comes before the Authority is that since the certificate was last renewed, Mr Cook has obtained two convictions for assault. The incident itself occurred on 19 January 2001, and took well over 18 months before the convictions were entered. These assaults were domestic in nature and resulted in a community service sentence of 260 hours. Mr Cook has not only completed the sentence, but attached to his brief was the confirmation from the probation officer that he was reliable and hardworking throughout the term of his community service and he behaved very well.

[4] Section115 of the Act places the sole responsibility for ensuring that licensed premises comply with the law on the shoulders of general managers. For a general manager to be convicted of such charges while holding a General Manager’s Certificate is a matter which should not be swept under the carpet. On the other hand there are positive aspects to the application which should be taken into account. In balancing all factors we have decided to adopt the suggestion made by Sergeant Armstrong.

[5] We propose to grant the application but for a period less than the maximum of three years. The decision of the Authority is to grant the renewal for 18 months. This effectively means that the General Manager’s Certificate will again fall due for renewal on 23 May 2005. This is a period of a little over 12 months. That time will give Mr Cook the opportunity to prove that the assaults were an isolated incident. The twelve months will give the Police and the Inspector the opportunity to monitor Mr Cook’s future progress in the industry, and in particular whether the certificate is being used.

[6] The renewal will be made accordingly for a reduced term.

DATED at WELLINGTON this 25th day of February 2004

Judge E W Unwin Mr J C Crookston
Chairman Member

Andrew Cook.doc(afw)