Bowles [2004] NZLLA 917 (23 December 2004)

Last Updated: 25 January 2012

Decision No. PH 917/2004

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by CAROLYN MARINA BOWLES 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 December 2004

APPEARANCES

Ms C M Bowles - applicant
Sergeant G D Verner - NZ Police - in opposition
Mr R S Putze - Wellington District Licensing Agency Inspector - to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Carolyn Marina Bowles for a General Manager’s Certificate. Miss Bowles is a relatively mature 38-year-old shift manager, who has from time to time worked at licensed premises known as the “Kensington Inn” for up to two years.

[2] She has been working as a shift manager at the premises for the past 18 months. Not only has the application the full support of her employers, but both the owner and manager of the business, have seen fit to appear before the Authority in support of the application.

[3] The evidence is that they regard Miss Bowles as working well under pressure. They have stated that she is always compliant with the provisions of the Act. As the holders of General Manager’s Certificates, they feel that Miss Bowles is worthy of such a responsibility.

[4] Miss Bowles completed a course of training with D A Richards and Associates, and when she was interviewed by the Inspector she had a good knowledge of her responsibilities to the Act.

[5] The application drew an adverse report from the Police based on two grounds. One was the failure to disclose her previous convictions in detail. The second was the convictions themselves. The Police have referred to the decision of Deejay Enterprises Limited LLA 531 – 532/97 in which it was stated:

"The guiding hand or hands-on operator of any company or the potential holder of a General Manager’s Certificate now receive greater scrutiny from both the Police and other reporting agencies. Character and reputation are closely examined. The law and human desires of patrons frequently tug in different directions. The Police cannot be everywhere. Little but a licensee’s or manager’s character and suitability may stand between upholding the law and turning a blind eye. Self imposed standards in accordance with the law must be set by licensees and holders of General Manager’s Certificates who control and manage licensed premises."

[6] The Police believe that the issue of suitability in this case, is a matter that needs to be determined by the Authority. The Police have noted that between 1987 and 2001, Miss Bowles incurred a large number of convictions. The greatest amount of the convictions were four obtaining money by fraud. The last of the fraud convictions was recorded in 1994, approximately ten years ago. However on 30 August 1996 eight years ago, Miss Bowles committed a crime involving arson, and for that she was sentenced to imprisonment for three years.

[7] Since that time there has been one further conviction which occurred on 17 March 2001 some three and a half years ago. Miss Bowles was stopped because of the manner of her driving. A breath screening test returned a positive result. The level of alcohol in Miss Bowles’ breath was 737 micrograms of alcohol per litre of breath.

[8] Miss Bowles has appeared before us. She candidly admits that the convictions occurred, but she says that in the last four years she has completely changed and turned her life about. She argues that she has good employment, and she has no intention of breaking the law. She has asked that the Authority balance her past with the positive aspects of the application.

[9] In considering this matter, the Authority is bound to take into account the criteria set out in s.121 of the Act. There is no question that Miss Bowles has made a real effort in achieving a lack of serious offending for a period of eight years. That excludes of course the drink driving offence which involves liquor abuse. That is the only offending of that kind in her record. There is always a concern when people have records of this nature. Miss Bowles has explained how the lack of detail came about, and we are prepared to accept her explanation. In other words, we do not make a finding that the lack of detail involved an attempt to deceive the reporting agencies.

[10] As far as the offending is concerned it is extensive. It is a matter of some concern. On the other hand we do not wish to stand in the way of any suitable person who wishes to better his or herself, and wishes to step up in the industry.

[11] We propose (as is often the case) in balancing the competing issues, to adjourn the proceedings for nine months. This is a conservative way of dealing with the application. It requires that Miss Bowles can continue with her chosen career, and that she may be appointed from time to time as an acting or temporary manager, provided the provisions of ss.128 and 129 of the Act have been complied with.

[12] If at the end of that period of time there have been no further incidents, (and we expect there not to be), then we propose to grant the application on the papers. If on the other hand there have been issues which have arisen involving either her management of the premises, or her private life, then the matter will have to be the subject of a further public hearing or the application refused.

[13] The application is adjourned accordingly.

DATED at WELLINGTON this 23rd day of December 2004

_____________________
B M Holmes
Deputy Secretary

Carolyn Bowles.doc(afw)