Langford, re [2004] NZLLA 523 (11 August 2004)

Last Updated: 23 November 2010

Decision No. PH 523/2004

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by TARA LEE LANGFORD 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 26 July 2004

APPEARANCES

Ms T L Langford – applicant
Sergeant S A Hughes – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Tara Lee Langford for a General Manager's Certificate. The application was filed with the Upper Hutt District Licensing Agency in December 2003, some eight months ago, and has to some extent been overtaken by time.
[2] Ms Langford fulfils the majority of the criteria listed in s.121 of the Act. She has received a Certificate of Achievement from Brett Jones and Associates Limited having completed the requirements of Units 4646 and 16705 demonstrating knowledge of the Act and host responsibility requirements.
[3] Ms Langford has been employed in the hospitality industry for approximately five years, she being nearly 24 years of age. She has filed an excellent reference from the “Rimutaka Sports Bar and Liquorland” where she worked for over three years. More recently she moved to the Stokes Valley area and a reference has been supplied from the “Stokes Valley Cosmopolitan Club” confirming that Ms Langford has carried out all managerial responsibilities. She is regarded as bright and attentive, and the association has no hesitation in recommending her for a General Manager's Certificate. Ms Langford has worked on a number of occasions as a temporary manager.
[4] The issue which brings the application before the Authority concerns convictions recorded against Ms Langford. These convictions show that on 8 December 2001, Ms Langford was apprehended for driving with excess blood alcohol content. The level on that occasion was 83 milligrams of alcohol per 100 millilitres of blood. As has been pointed out, this is just over the allowable limit. Ms Langford was convicted and fined and disqualified. She did have a previous conviction for consuming liquor in a public place. This was at a time when she was 18 years of age. The incident occurred on New Year’s Eve in Arrowtown. The Police have pointed out that there were also two infringements which are not strictly speaking convictions. These were for driving with a restricted licence when carrying passengers. These incidents occurred in May 2001 and January 2002. Accordingly it can be seen that it is now well over two years since the last conviction, and in particular, the conviction involving liquor abuse.
[5] The Authority has issued earlier decisions setting out certain guidelines governing the issues of previous convictions. The main decision is known as G L Osborne, LLA 2388/95. In that decision the Authority stated:

“We commonly look for a five year period free of any serious convictions or any conviction relating to or involving the abuse of alcohol, or arising in the course of an applicant’s duty on licensed premises.”

However, later in that decision the Authority also stated:

“Less serious convictions are also weighed. By way of example is an isolated excess breath/blood alcohol conviction or a single driving offence disclosing no pattern of offending. In these and similar cases we frequently indicate that a period of a minimum of two years from the date of conviction may result in subsequent favourable consideration.”

[6] In this case, Ms Langford has made a good impression on the Authority. She appears to be mature and has excellent supporting references. Due to the fact that it is now well over two years since the more serious convictions, we propose to grant the application.

DATED at WELLINGTON this 11th day of August 2004

Judge E W Unwin Mr J C Crookston
Chairman Member

tlangford.doc(aw)