Watson, re [2006] NZLLA 203 (27 March 2006)

Last Updated: 28 February 2010

Decision No. PH 203/2006

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SHAUN BRIAN WATSON 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 INVERCARGILL on 16 March 2006

APPEARANCES

Mr S B Watson – applicant
Ms D M McDonald – Invercargill District Licensing Agency Inspector – in opposition
Sergeant A J Harris – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Shaun Brian Watson for a General Manager’s Certificate. In determining the application the Authority is required to take into account the various criteria set out in s.121 of the Act.

[2] It is accepted by the reporting agencies that Mr Watson fulfils most of these criteria. Notwithstanding the convictions that he has incurred involving liquor abuse, his character and reputation are not really at issue.

[3] He has good experience in the management of licensed premises, and indeed held a General Manager’s Certificate in 2000. He completed a course of training with Hospitality Management Consultants Limited in November 2005, and he has been employed at licensed premises known as the “Cabbage Tree” in Otatara. He received a very supportive reference from the former proprietor. The current proprietor has seen fit to appear before us to support Mr Watson’s application with the added comments that he has over a period of time come to regard Mr Watson as a very capable and responsible person.

[4] The application drew an adverse report based on Mr Watson’s previous convictions. The evidence discloses that he has a historical conviction back in 1987 but this conviction has little to do with the Act. There are however, two convictions involving the use and abuse of liquor. The first was in 1991 when Mr Watson’s breath alcohol level was slightly over 400 micrograms of alcohol per litre of breath at 450. The second conviction was rather more serious. This was in December 2002, when Mr Watson had a breath alcohol level of 912 micrograms of alcohol per litre of breath.

[5] Mr Watson has written a letter in which he has explained the circumstances in which this incident came about. We quote from the letter because it shows an attitude for which he should be commended.

“I’ve learned quite a lot over the last year since this lack of judgement. Mostly about myself. The affects of stress on the mind and body and also that I have a responsibility to myself and others not to make such a stupid decision again. Not only because of the dangers to others and me but for the fact this affects my livelihood and I have a responsibility to make sure to the best of my ability that the people I serve alcohol to are not making the same decision that I did on that night.”

[6] We commend him for those thoughts which is really what the spirit of the Act is about.

[7] The issue is how the two convictions should be viewed by us in relation to the application. We note the decision of G L Osborne LLA 2388/95 in which the Authority tried to set out guidelines. We referred in particular to an isolated breath alcohol offence for which a conviction free period of two years was suggested, thereby allowing a person to show that he or she had learned from what had happened in the past, and that it was unlikely that such behaviour would be repeated.

[6] In this case there have been two such incidents. On the other hand, a period of a little over three years has elapsed since the offending. In the light of the other positive characteristics that Mr Watson brings to the application, we consider that there should be no further impediment to the grant.

[7] Having heard all the evidence, we believe that Mr Watson is a good candidate to be the holder of a General Manager’s Certificate. We therefore will treat the previous matters as having been in the past, and accordingly, the application will be granted.

DATED at WELLINGTON this 27th day of March 2006

Judge E W Unwin Mr J C Crookston
Chairman Member

Shaun Watson.doc(aw)