Ferguson v Thomas [2006] NZLLA 129 (24 February 2006)

Last Updated: 21 February 2010

Decision No. PH 129/2006 –
PH 130/2006

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 suspension of General Manager’s Certificate number GM/060/376/2004 issued to CURT EDWARD THOMAS

BETWEEN MARTIN FERGUSON

(Christchurch District Licensing Agency Inspector)

Applicant

AND CURT EDWARD THOMAS

Respondent

AND

IN THE MATTER of an application by CURT EDWARD THOMAS 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 CHRISTCHURCH on 15 February 2006

APPEARANCES

Mr M Ferguson – Christchurch District Licensing Agency Inspector –

applicant and in opposition to application for renewal of Manager’s

Certificate
No appearance by or on behalf of respondent and applicant for renewal of Manager’s Certificate
Sergeant R Hutton – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority are two applications. The first is an application by Curt Edward Thomas for the renewal of his General Manager’s Certificate.

[2] Mr Thomas was first granted a General Manager’s Certificate on 1 September 2004. The application was initially opposed by the reporting agencies but that opposition was withdrawn in the light of positive recommendations from Mr Thomas’ employer. The Inspector wrote a report in August 2004, noting that Mr Thomas was to be given an opportunity in the industry. He stated that should any problems come to the Agency’s attention in the future, then there would be no hesitation in reviewing the positive stance that had been adopted in the applicant’s favour.

[3] The Licensing Sergeant also had concerns. He noted that the list of convictions had not been completed accurately. He checked with the employer who confirmed that Mr Thomas was the “number one diamond”, and that his honesty was above approach. He took the view that Mr Thomas should be given an opportunity, and accordingly the opposition was withdrawn and the application granted. It now appears that Mr Thomas has not only let himself down, but also the reporting agencies who placed this faith in him.

[4] The evidence discloses that Mr Thomas was convicted in respect of two charges. The incidents occurred on 26 October 2004, shortly after the General Manager’s Certificate had been issued. Mr Thomas was convicted in the District Court of driving a motor vehicle in a dangerous manner, and also driving a motor vehicle with excess breath alcohol. The level of alcohol in his breath was 931 micrograms of alcohol per litre of breath. This was in fact a third conviction for driving against the drink/driving provisions of the Land Transport Act, because of historical convictions for refusing a blood specimen in 1994 and 1993.

[5] The Inspector had since spoken with Mr Thomas’ employer, and we understand that Mr Thomas has been moved within the corporate structure, and is now working at different licensed premises. He is not currently using his General Manager’s Certificate. In those circumstances, both the Police and the District Licensing Agency Inspector have taken the view that the application for renewal of the General Manager’s Certificate should be refused.

[6] When the matter was called, Mr Thomas did not appear. He was duly rung, and it was discovered that he was in Nelson. He seemed to have the view that the application was due to be heard in March.

[7] In the light of the concerns expressed by the reporting agencies, we think it is appropriate that this case now be adjourned to a later date. This is

to enable Mr Thomas be given the opportunity to explain his situation to see whether the certificate should be renewed at all. The applications will be adjourned accordingly.

DATED at WELLINGTON this 24th day of February 2006

Judge E W Unwin Mr J C Crookston
Chairman Member

CEThomas.doc (md)