Roycroft v Davis [2004] NZLLA 770 (5 November 2004)

Last Updated: 23 January 2012

Decision No. PH 770/2004

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for the cancellation of General Manager’s Certificate number GM 035/035/2003 issued to ALLEN MICHAEL DAVIS

BETWEEN MICHAEL BRENT ROYCROFT

(Police Officer of Hawera)

Applicant

AND ALLEN MICHAEL DAVIS

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr J C Crookston

HEARING at Wanganui on 20 October 2004

APPEARANCES

Sergeant M B Roycroft – NZ Police – applicant
No appearance by or on behalf of respondent
Ms J L Lahman – South Taranaki District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application brought by the Police for the cancellation of a General Manager’s Certificate issued to Allen Michael Davis. The ground for the application is that the manager has failed to conduct the licensed premises in a proper manner.

[2] Mr Davis did not appear at the hearing, and the Authority has heard evidence from Sergeant M B Roycroft who is stationed at Hawera and is the officer in charge of liquor licensing in the area. This evidence shows that in August 2003, a Mr D J Olliphant applied to the South Taranaki District Licensing Agency for on and off-licences in respect of licensed premises known as the “Central Tavern” situated in Patea.

[3] At the time of the application, two persons were nominated to be the managers of the tavern. On 5 November 2003, Mr A M Davis was also appointed a manager of the tavern. Mr Davis had held a Club Manager’s Certificate since 1995. Accordingly, he made application for a General Manager’s Certificate which was granted on 24 November 2003, and is due to expire shortly.

[4] The Police and the District Licensing Agency Inspector became aware from information received, that Mr Davis may have purchased the lease of the premises. However, no applications were made for a new on or off-licence or a temporary authority, and the business continued to trade as normal. Furthermore, there were no notifications to the Police or the Agency of any beneficial change in the shareholding of the company which held both licences.

[5] In early 2004, notification was received that two persons, namely Nancy Leigh Katene and Eileen Cooper, had been appointed as managers of the “Central Tavern.” Police subsequently received information that these two persons were attempting to purchase the lease from Mr Davis. Further inquiries were made, and the Police established that Mr Davis was, in fact, trading without any licences. This information was finally confirmed on 29 May 2004.

[6] A further visit was made to the licensed premises, and Ms Katene, the manager, was advised to have the matter rectified urgently. On 21 July last, the Police closed the premises. The following day, information was given that Mr Olliphant had resigned as a director of the licence holding company (Millhouse Limited), and that Mr Davis had been appointed as a director in his place. That company then applied for a temporary authority, but the application was opposed because of the alleged illegal trading.

[7] We have been lead to believe that the business and the building have since been sold, and that a new applicant has made application for a new on-licence. In the absence of any objections, this is expected to be granted shortly.

[8] We received further evidence that since Mr Davis has been granted a General Manager’s Certificate, he has been before the Court twice. On 6 May 2004, he was stopped while driving a motor vehicle, and six weeks later, he was convicted in the District Court at Hawera for driving with excess breath alcohol content. The level was 1,008 micrograms of alcohol per litre of breath. Mr Davis was sentenced to 240 hours of community work, and disqualified from driving for 18 months. He had been convicted at least twice previously for similar offending, but the convictions were said to be historical. Nevertheless, Mr Davis was given a final warning by the District Court Judge.

[9] On 21 August 2004, Mr Davis was arrested and charged with assault on a female. This charge resulted in a conviction in the Hawera District Court on 5 October 2004. Mr Davis was sentenced to a further 80 hours of community work and placed on supervision for six months.

[10] Pursuant to s.135 of the Act, the Authority must be satisfied that either of the grounds set by subsection (3) has been established. There is no question in our view that Mr Davis has failed to conduct licensed premises in a proper manner, particularly as the business has been trading illegally. Furthermore, his conduct in incurring the two convictions, one of which involved liquor abuse, was such as to show that he is no longer suitable to be the holder of a certificate.

[11] These findings are aggravated by Mr Davis’ absence from the hearing. Accordingly, we have no hesitation in granting the application and, accordingly, General Manager’s Certificate number GM 035/035/2003 issued to Allen Michael Davis is hereby cancelled.

DATED at WELLINGTON this 5th day of November 2004

Judge E W Unwin Mr J C Crookston
Chairman Member

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