Butler, re [2004] NZLLA 37 (2 February 2004)

Last Updated: 17 February 2010

Decision No. PH 037/2004

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by IAN MAURICE BUTLER 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 WELLINGTON on 23 January 2004

APPEARANCES

Mr I M Butler – applicant
Mr R S Putze – Wellington District Licensing Agency Inspector – to assist
Sergeant G D Verner – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Ian Maurice Butler for a General Manager's Certificate pursuant to s.118 of the Act. The criteria to which we must have regard is pursuant to s.121 of the Act, namely:

(a) The character and reputation of the applicant:

(b) Any convictions recorded against the applicant:

(c) Any experience, in particular recent experience, that the applicant has had in managing any premises or conveyance in respect of which a licence was in force:

(d) Any relevant training, in particular recent training, that the applicant has undertaken and any relevant qualifications that the applicant holds:
(e) Any matters dealt with in any report made under section 119.

[2] The Police opposed the application on the ground of Mr Butler’s recent conviction for driving while his licence was suspended. Mr Butler explained that conviction came about when he drove his mother at short notice to a backpackers’ hostel and got caught in the process. Mr Butler has no other convictions.
[3] Mr Butler has been employed for a number of years in the industry. Of particular note is his experience of at least three years on “front of house” duties. He is currently employed at the “Tramway Hotel” in Wellington. He has previously worked as an assistant manager for three months at “Nellie’s Bar” in Levin, and one year at “Blue Bayou Restaurant” at Papamoa.
[4] He has completed a course of training with Hospitality Training pursuant to the National Qualifications framework in Units 4646 and 16705.
[5] The Inspector reports that Mr Butler has a good knowledge of the Act. His application was supported today by the owner of the “Tramways Hotel”, Mr McHarrison, who said that he has been impressed with Mr Butler’s level-headedness, honesty, and his ability to learn a lot in a short time. Mr Butler has had to take over the management of the hotel following the unexpected death of the previous manager. Mr McHarrison spoke of how well Mr Butler was able to handle difficult situations with patrons who were becoming intoxicated.
[6] Mr Butler’s sole conviction has been for driving whilst suspended, and when balanced against the other positive factors we have no hesitation in granting the application.

DATED at WELLINGTON this 2nd day of February 2004

Judge E W Unwin Mr J C Crookston
Chairman Member

imbutler.doc(aw)