Woodhouse, re [2004] NZLLA 503 (29 July 2004)

Last Updated: 23 November 2010

Decision No. PH 503/2004

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by DIANE CARLENE RAETANA WOODHOUSE 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

Miss D C R Woodhouse - applicant
Senior Sergeant S D Sargent - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] On 1 April 2000 the Sale of Liquor Act was amended to provide that the sole responsibility for running licensed premises would be placed on the shoulders of the holders of General Manager’s Certificates. It would be these people who would be responsible for ensuring that the provisions of the Act and the conditions of the licence were followed.

[2] At the same time an attempt was made to raise the bar for managers in order to ensure that the future management of licensed premises would be conducted by people of integrity, committed to supervising the sale and supply of liquor in accordance with a host responsibility policy. The ultimate aim was to achieve the Act’s objective of reducing the incidence of liquor abuse.

[3] Against that background the Authority has before it an application by Diane Carlene Raetana Woodhouse for a General Manager’s Certificate. The application was filed in February 2004. The application was supported by a certificate from D A Richards and Associates that Miss Woodhouse had completed a seminar on the Act and host responsibility. In addition Miss Woodhouse had started work in a full time basis for a licensed premises known as “Rock Café and Bar”.

[4] Miss Woodhouse produced a reference from that establishment confirming that she was found to be a great asset and an excellent employee. One of the managers of the business has seen fit to appear before us to give further support to the application. Mr Gary Hathaway has been involved with the hospitality industry for many years, and we were impressed that he has made the effort to take the applicant in his words “under his wing” to ensure that she was able to carry out the responsibilities that go with the holding a General Manager’s Certificate. Mr Hathaway confirmed that Miss Woodhouse has been working as a bartender for nine months. Miss Woodhouse said that prior to that time, she has worked on a part time basis over a period of about two years at the same premises. During the last month or two Miss Woodhouse has been given the opportunity to operate as an acting or temporary manager.

[5] When the application was filed, the Police opposed it on two grounds. Firstly when asked whether she had been convicted in the application form, Miss Woodhouse said yes, but when asked for details, wrote in DIC, last offence was three and a half years ago.

[6] The evidence shows that there have been four offences since 1997. Two of those offences involved the charges of driving after drinking to excess. In 1997 there was a conviction for driving with an excess breath alcohol content. At that time Miss Woodhouse was under 20 years of age and the level was 301 micrograms of alcohol per litre of breath. In July 2000, the second conviction was recorded showing a breath alcohol level of 752 micrograms of alcohol per litre of breath. Miss Woodhouse was fined and disqualified. She offended again within a fortnight and was subsequently charged with driving while disqualified and then finally having been ordered to carry out community service, she failed to do so. It took over a year for that case to come before the Court resulting in a fine.

[7] The previous convictions indicate that over the last four years Miss Woodhouse has been offence free. She has given evidence. She has indicated that she does not believe that she has any issue involving the use or abuse of liquor, and that she has matured and become much more responsible. She is now much more aware of what these offences against her can do in terms of getting on with her life.

[8] As we said she has good support from Mr Hathaway. We now have to balance these considerations against previous decisions of the Authority in which guidelines have been set down. It should also be added that Miss Woodhouse has explained that she made a mistake when she completed the application form. She also acknowledged that she was not particularly proud of her previous convictions, and because of their antiquity may have taken the opportunity to omit them. The Authority has held particularly in the case of A R Johns LLA 974/98 that a failure to correctly complete a list of previous convictions may indicate a form of dishonesty leading to unsuitability. Having heard from Miss Woodhouse, and read the reference that she supplied, we do not take that position. We are prepared to treat the matter neutrally in view of her explanation.

[9] The only other decision which affects the outcome is known as G L Osborne LLA 2388/95. In that case the Authority referred to isolated offences for drink driving, and suggested that a minimum of two years from the date of conviction might result in subsequent favourable consideration provided suitable reports were obtained from the Police and the District Licensing Agency Inspector.

[10] Here, there are two convictions at a time when Miss Woodhouse was a different person then she is today. Normally we would look for a period of four years as a minimum when there are two convictions. It so happens that the application has now been overtaken by time, and it is almost four years since the last offence was committed. We regard the date of offending as more important than the date of conviction.

[11] In those circumstances because of the support that she has today, we are prepared to give Miss Woodhouse an opportunity to step up in her chosen career. The application is granted.

DATED at WELLINGTON this 29th day of July 2004

Judge E W Unwin Mr J C Crookston
Chairman Member

Diane Woodhouse.doc(afw)