Saunders, re [2004] NZLLA 502 (29 July 2004)

Last Updated: 9 July 2010

Decision No. PH 502/2004

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JEFFREY DENNIS SAUNDERS 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 15 July 2004

APPEARANCES

Mr J D Saunders - applicant
Senior Sergeant S D Sargent - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Jeffrey Dennis Saunders for a General Manager’s Certificate. Mr Saunders has been a previous holder of a certificate granted in 1998. The certificate was not renewed when it expired in December 2002.

[2] During the last seven years or so that Mr Saunders has worked in the industry, and used his manager’s certificate in at least in three licensed premises. Regrettably he suffered a work related injury some two years ago when he was working at “Mitre Ten”. As a consequence, he has been on ACC ever since with a double fusion of the spine.

[3] The application which was lodged in May 2003, is part of a combined effort by himself and ACC to get himself back into paid employment rather than be subsidised. Mr Saunders looked at various options available to him, and in the end decided that his best opportunity for his own rehabilitation was to go back to the hospitality industry. He believes that he is good at that job. During the time that he was working in the industry in a managerial capacity, he was not the subject of any untoward comment or reference.

[4] After being lodged in May 2003, the application was referred to the Police. They confirmed that Mr Saunders did have a relevant conviction. The evidence we have received shows that on 11 May 2002, Mr Saunders was apprehended for driving with excess breath alcohol content. He was convicted a month later in the Lower Hutt District Court and fined and disqualified. The level of alcohol in his breath was 578 micrograms of alcohol per litre of breath. This was his first and what appeared to be an isolated offence.

[5] The application to some extent has been overtaken by time because the offending happened now over two years ago. As the Senior Sergeant has pointed out, the Authority has set itself certain guidelines. One of these was the case of G L Osborne LLA 2388/95 it is stated:

"Less serious convictions are also weighed. By way of an example is an isolated excess breath alcohol conviction or a single driving offence disclosing no pattern of offending. In these and similar cases we frequently indicate that a minimum of two years from the date of conviction may result in subsequent favourable consideration provided suitable reports from both the Police and the Licensing Inspector are received."

[6] The previous Authority regarded time as running from the date of conviction although in our view the date of the offending is now more appropriate.

[7] The only other consideration bearing in mind the criteria listed in s.121 of the Act, is the fact that Mr Saunders is currently on ACC and not employed in the industry. He has made no attempt at this time to obtain work and believes that a certificate is necessary. Normally the Authority will not grant a General Manager’s Certificate in a vacuum unless that person is working in the industry and has the full time support of an employer.

[8] However this case is slightly different in that Mr Saunders used to have a certificate. He is on ACC. It is not known when exactly he will be medically fit to return to work, but he confidently expects that he will be working in the industry within the next three months. In view of the fact that the initial grant is for a period of 12 months only, we propose to grant the application, taking into account the period of time that has elapsed since the offending.

[9] Mr Saunders needs to know that if, in 12 months time when the manager’s certificate comes up for renewal, he is not working in the industry in a managerial capacity, it is unlikely that the application for renewal would be granted.

[10] The application is granted accordingly, on those terms.

DATED at WELLINGTON this 29th day of July 2004

Judge E W Unwin Mr J C Crookston
Chairman Member

Jeffrey Saunders.doc(afw)