Rider [2006] NZLLA 1112 (19 December 2006)

Last Updated: 28 January 2012

Decision No. PH 1112/2006

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JASON TONY RIDER 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: Ms P A Ballard

HEARING at HAMILTON on 13 December 2006

APPEARANCES

Mr J T Rider – applicant
Mr T P Van Der Heijden – Hamilton District Licensing Agency Inspector – to assist
Senior Sergeant J R Dalziell-Kernohan – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Jason Tony Rider for a General Manager’s Certificate.

[2] The Authority is required to take into account a number of criteria when considering an application of this nature. These criteria relate to an applicant’s character and reputation, any convictions recorded against him or her, recent experience that the applicant has had in controlling licensed premises, and relevant training.

[3] In this case Mr Rider fulfils most of the criteria. He is the holder of a Licence Controller Qualification. He has been working in the supermarket industry for a period of eight years. He is 24 years of age. He has risen in levels of responsibility and has been working at the “Te Rapa New World” since it opened in October 2005. He is now currently the assistant grocery manager of the business.

[4] The application is supported by his employer who funded the training, as well as the application, and forwarded a supportive reference. When he filed his application Mr Rider circled the answer no to the question “Has the applicant been convicted of any offence?” Had the answer been ‘yes’ then the details of the offence would have been required.

[5] Mr Rider says that he filled in the form having been in something of a hurry. He honestly believed (notwithstanding his training), that the traffic offence for which he had been convicted was not a criminal matter and would not need to be disclosed.

[6] The evidence shows that Mr Rider had been apprehended for driving with an excess blood alcohol level in July 2004. His level of alcohol was just over the allowable limit. He elected to have a blood sample but this also proved to be above 80 milligrams of alcohol per 100 millilitres of blood. Mr Rider was duly convicted, fined and disqualified for the minimum period. Mr Rider has apologised to the Police for not reading the form correctly. He was been able to make the connection between his conduct and the object of the Sale of Liquor Act.

[7] The question is how the conviction should be treated, it being one of the criteria to be taken into account. We refer to a decision of G L Osborne LLA 2388/95 in which it was stated:

"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."

[8] Although Mr Rider intends to use his General Manager’s Certificate in an off-licensed premises, the conviction itself is still relatively serious as it involves liquor abuse. In the above decision it was also stated that isolated drink driving convictions could attract a two-year conviction-free period. This is the period of time during which an applicant can show that he or she has learned from the lessons of the past and are able to apply such experience towards promoting the Act’s object and keeping patrons safe.

[9] There is no reason that we can see why that period of two years should be reduced in the case of Mr Rider. We propose not to decline the application today. We see no reason why Mr Rider cannot be appointed as a temporary manager provided the provisions of s.128 of the Act have been complied with. We propose to adjourn the application for a period of six months. If at the end of that period of time there have been no further incidents involving liquor abuse then we intend to grant the application on the papers. On the other hand if there are further issues of an adverse nature, a further public hearing may be scheduled.

[10] The application is adjourned accordingly.

DATED at WELLINGTON this 19th day of December 2006

______________________
B M Holmes
Deputy Secretary

Jason Rider.doc(aw)