Laird, re [2006] NZLLA 156 (8 March 2006)

Last Updated: 22 February 2010

Decision No. PH 156/2006

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SHANAN AUSTIN LAIRD 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 HAMILTON on 27 February 2006

APPEARANCES

Mr M D Laird – on behalf of applicant
Mr T P Van Der Heijden – Hamilton District Licensing Agency Inspector – to assist
Sergeant S A Inness – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Shanan Austin Laird for a General Manager’s Certificate. Mr Laird is currently overseas working in South East Asia, and is represented by his father Mr M D Laird, who holds his Power of Attorney.

[2] Mr Shanan Laird filed his application in October 2005. He only disclosed a relatively recent drink driving conviction, although there are in fact two such convictions recorded against him. The application drew an adverse report from the Police because of the two charges involving driving with excess breath or blood alcohol content. Furthermore, at the time that the Police reported Mr Shanan Laird had been involved in a controlled purchase operation when he was working in licensed premises, and sold liquor to a minor.

[3] Mr Laird has a extensive record of involvement with the hospitality industry. From a young age he has been trained as a winemaker. He has worked both in New Zealand and overseas in the wine industry, and he has also worked in the retail industry but only for about eight months in total.

[4] About mid-October his brother asked for his assistance in working in an off-licence known as “Go Veno”. A controlled purchase operation was organised in the Hamilton area in early September 2005, which was repeated in November 2005. One of the reasons for promoting these particular operations was because of a number of complaints which both the Police and the District Licensing Agency Inspector had received from members of the public and indeed parents.

[5] On the first occasion in September 2005, 22 licensed premises out of the 34 which were visited, made illegal sales. The position in November was only slightly better when 20 of the 22 premises were revisited, and 12 of those premises sold liquor to the Police volunteer. The evidence we have received indicates that one of the volunteers went to the “Go Veno” licensed premises and was able to purchase a four pack of “Vodka Cruisers”. The salesperson was Mr Shanan Laird who at the time had lodged his application for a General Manager’s Certificate.

[6] Mr Shanan Laird has completed a course of training, and we understand that he is now the holder of a License Controllers Qualification, although it has yet to be filed. He would obviously have the support of his father if he wished to work in the off-licence, but his current intentions are not known, and that will be a handicap to any grant of a General Manager’s Certificate.

[7] We have taken the view in the past that such certificates are not issued in a vacuum. In our view it is necessary and appropriate for there to be employment in the industry, with the committed support of an employer who is sufficiently trusting of an applicant, to leave the control of the licensed premises in the applicant’s sole jurisdiction and hands.

[8] There are two reasons why the application cannot be granted today. The first is that we are unsure of Mr Laird’s current intentions within the industry. It is likely that if an application were to be granted, the certificate would be tied to a particular licensed premises. The second is of course the recency of the conviction involving the sale of liquor to a volunteer minor. On this occasion Mr Laird was fined $1,000 with Court costs of $130. We accept that Mr Laird made the effort to have the matter dealt with before he went overseas.

[9] In the light of the penalty which is slightly more severe than other penalties we have noted throughout the country, it may be that the period of time since the offending can be reduced.

[10] What we propose to do is adjourn the matter at this time for a period of nine months. We are prepared to have a further public hearing if necessary. We hope that Mr Laird can advise the Inspector and the Police his current intentions, and we can then consider the matter further on the papers initially. We will review the position at that time. If employment is available, and Mr Laird has the support of an employer, then we may be persuaded to grant the application on the papers.

[11] The application is adjourned accordingly.

DATED at WELLINGTON this 8th day of March 2006

Judge E W Unwin Mr J C Crookston
Chairman Member

Shanan Laird.doc(aw)