Ashworth, re [2005] NZLLA 37 (27 January 2005)

New Zealand Liquor Licensing Authority

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Ashworth, re [2005] NZLLA 37 (27 January 2005)

Last Updated: 17 February 2010

Decision No. 37/2005

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by PATRICK MAURICE ASHWORTH 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 PAPAKURA on 18 January 2005

APPEARANCES

No appearance by or on behalf of applicant
Mr A J Turner - Papakura District Licensing Agency Inspector - in opposition
Constable A I V Nygaard - NZ Police - to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Patrick Maurice Ashworth pursuant to s.118 of the Act for a General Manager’s Certificate. The criteria to which we must have regard are set out in s.121 of the Act. Those criteria are:

(a) The character and reputation of the applicant:

(b) Any convictions recorded against the applicant:

(c) Any experience, in particular recent experience, that the applicant has had in managing any premises or conveyance in respect of which a licence was in force:

(d) Any relevant training, in particular recent training, that the applicant has undertaken and any relevant qualifications that the applicant holds:

(e) Any matters dealt with in any report made under section 119.

[2] The applicant has a number of convictions, but in particular were two convictions for driving with excess breath and blood alcohol levels. The first conviction was on 29 August 2000 when he drove with an excess blood alcohol level of 248 milligrams per 100 millilitres of blood. The second was on 15 October 2001 when he drove with a breath alcohol level of 1,029 micrograms per litre of breath. He also has three recent convictions for driving whilst disqualified.

[3] When completing his application form Mr Ashworth did not disclose the second excess breath alcohol conviction in 2001.

[4] The Authority has said previously in G L Osborne LLA 2388/95:

"Without fettering ourselves in this or other applications, it may be helpful if we indicate that we commonly look for a five year period free of any serious conviction or any conviction relating to or involving the abuse of alcohol or arising in the course of an applicant’s duty on licensed premises. Less serious convictions are also weighed. By way of example is an excess breath blood alcohol conviction or single driving offence disclosing a pattern of offending. Nevertheless all convictions must be weighed as required by s.121(1)(b) of the Act. In these and similar cases we frequently indicate that a minimum of two years from the date of conviction may result in favourable consideration.”

[5] At the time of his application Mr Ashworth was working at the “Roadhouse Bar and Diner” in Papakura which is a tavern type licensed premises. When he completed his application he provided two references as to his character and reputation. The first referee stated that Mr Ashworth had only worked with that referee for a period of two weeks. The second stated that that he had worked with the referee for a period of three months.

[6] Mr Ashworth had indicated that he also had previous experience in managing licensed premises but no evidence of this was provided. Likewise the applicant did not provide any evidence as to his training although he said he had undertaken a course at the Christchurch Polytech.

[7] The Inspector wrote to Mr Ashworth seeking evidence of his training. Mr Ashworth failed to respond to Mr Turner’s letter. The Inspector quite rightly points out that the employment references were not helpful as there was an insufficient period of employment for the referee to make a true assessment as to the character of the applicant. The Inspector also has not been able to interview the applicant to ascertain his knowledge of the Act and related management responsibilities to determine his suitability to be the holder of a General Manager’s Certificate. Having regard to the relevant criteria the Inspector concluded that the applicant was unsuitable. We agree with that view.

[8] Mr Ashworth has not appeared today to support his application. By his absence we can only conclude that he no longer wishes to pursue his application. In all the circumstances Mr Ashworth’s application for a General Manager’s Certificate is refused.

DATED at WELLINGTON this 27th day of January 2005

Judge E W Unwin Mr J C Crookston
Chairman Member

Patrick Ashworth.doc(aw)