Ngahungahu, re [2004] NZLLA 592 (24 August 2004)

Last Updated: 3 October 2010

Decision No. PH 592/2004

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by WILLIAM JAMES NGAHUNGAHU pursuant to s.123 of the Act for the 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 AUCKLAND on 12 August 2004

APPEARANCES

Mr W J Ngahungahu - applicant
Mrs J W Edwards - Waitakere District Licensing Agency Inspector - to assist
Senior Constable J P Loye - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by William James Ngahungahu for the renewal of his General Manager’s Certificate. Mr Ngahungahu was first issued a certificate in 1993. He has considerable experience in the hospitality industry and has been employed by West Auckland Trust Services Limited at Henderson, managing “King Dicks” in Waitakere City for approximately the last three years.

[2] Mr Ngahungahu’s renewal application attracted an adverse report from the Police because at the time of the application, Mr Ngahungahu was facing a charge in the District Court involving a domestic dispute leading to violence. The evidence from the Senior Constable shows that there was an incident in January 2004. An argument developed between Mr Ngahungahu and his partner at the time. As a result a blow was struck. Mr Ngahungahu is 51 years of age and has never appeared in a court before. He was offered and took diversion.

[3] Mr Ngahungahu has given evidence before us. He very much regrets his involvement with the incident, and appeared to accept full responsibility for it. He said that at the time he became involved with the Community Alcohol and Drug Service. The counselling he was offered resulted in him taking a good look at himself and his future. He stated that he was now in a position to move on.

[4] Mr Ngahungahu has the added advantage in that the Operations Manager for West Auckland Trust Services Limited, Mr Michael Friend, has seen fit to appear before the Authority in full support of the application for renewal of the General Manager’s Certificate.

[5] Mr Friend advised that as a consequence of the incident, Mr Ngahungahu was counselled by the Chief Executive of the Trust as to the behaviour expected of a manager employed by the Trust. Consequently, Mr Ngahungahu undertook to maintain an appropriate standard of behaviour which befitted the holder of the General Manager’s Certificate. Mr Friend confirmed to the Authority that Mr Ngahungahu had achieved that expected standard, and that his work record had remained unblemished.

[6] The criteria to be taken into account on a renewal are set out in s.126 of the Act. These criteria are:

(a) The character and reputation of the applicant;

(b) Any convictions recorded against the applicant since the certificate was issued or last renewed;

(c) The manner in which the manager has managed the sale and supply of liquor pursuant to the licence, with the aim of contributing to the reduction of liquor abuse;

(d) Any matters dealt with in any report made under s.124 of the Act.

[7] No conviction has been recorded against Mr Ngahungahu, and there has been no objection to the way in which he has managed the business over the last three years. The incident reflects on his character and reputation.

[8] In coming to a decision, we are impressed by the evidence given by Mr Ngahungahu, and by his attitude to the offending, and by the steps he has taken to address the cause of the offending. In view of the support which he has received by his employer, and the employment sanctions which were undertaken at the time, we believe that it would be unreasonable to decline the application for renewal. Had an application been brought under s.135 of the Act it is possible that there may have been a period of suspension.

[9] In other cases involving proved liquor abuse such as driving to excess, we may have renewed the General Manager’s Certificate for a reduced period. In this case however, in the light of all the circumstances and the evidence which has been given, we propose to renew Mr Ngahungahu’s General Manager’s Certificate for three years.

DATED at WELLINGTON this 24th day of August 2004

Judge E W Unwin Mr J C Crookston
Chairman Member

William Ngahungahu.doc(afw)