Menzies, re [2006] NZLLA 205 (27 March 2006)

Last Updated: 28 February 2010

Decision No. PH 205/2006

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ROGER DUNCAN MENZIES 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 R D Menzies – applicant
Mr R T Draper – Clutha 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 Roger Duncan Menzies for a General Manager’s Certificate. Mr Menzies is 59 years of age. He filed his application in April 2005. At that time he was hopeful of applying for a position as general manager of the “Town and Country Club” of West Otago and the “West Otago RSA”. He said that he made his application for a General Manager’s Certificate because the “Town and Country Club” had an off-licence.

[2] The application was opposed by the Police for two reasons. On the one hand Mr Menzies only disclosed the one conviction for driving with excess breath alcohol content in October 2001, when in fact there were several such convictions. The second matter was the impact of the six convictions for driving after drinking to excess, between 1971 and 2001, a period of 30 years.

[3] Mr Menzies has completed a course of training as required and there appears to be no particular concerns about the remaining criteria set out in s.121 of the Act, although his experience does not appear to have been mentioned by the reporting agencies.

[4] The Police evidence indicates that in 1971, Mr Menzies was convicted of two charges of driving with excess blood alcohol, and refusing to accompany an enforcement officer. The offending was then repeated on five occasions in 1975, 1996, 1998. The last offence was on 25 February 2001. On that occasion, Mr Menzies was convicted for driving with an excess breath alcohol content. The level was 1,050 micrograms of alcohol per litre of breath. Mr Menzies was made the subject of an Assessment Centre order, and his licence was taken from him indefinitely.

[5] Mr Menzies has explained why he did not include all his convictions, and we note that the application form itself provides only one square to put one conviction in. We suspect that given his record, and the small community, it is unlikely that he would have tried to mislead either the District Licensing Agency or the Police.

[6] He does not have work available to him in the industry, except that he is on the club committee of the “West Otago RSA”. He said that the club president had suffered a stroke, and that the RSA was without a suitable bar manager who could be called on at short notice to be there when the bar was open. He said that there are people who have certificates, but sometimes they are in full time employment. The “West Otago RSA” is a small club with 180 members. It is run on a volunteer bar staff basis. He thought that obtaining such certificate would be of great benefit to the Club.

[7] Mr Menzies is on accident compensation, and although there is no apparent light at the end of the tunnel for him, he was rather hopeful that he might use a General Manager’s Certificate to see whether he could get other work in the community. We have explained to Mr Menzies that it is more appropriate that he obtains a job first. He must then ensure the support of an employer, who is prepared to allow him to run those premises on his own, before we would grant a certificate allowing him to run such premises in that way.

[8] In the light of his record Mr Menzies has advised us that on 3 January 2004, he made a personal decision to abstain from all forms of liquor, and he has continued to do so up to the present time. This is a long-term commitment made by Mr Menzies, and it seems to us that he should be encouraged to keep to the goal he has set himself. Mr Menzies has acknowledged that in the circumstances, he would be prepared to amend his application to relate to a Club Manager’s Certificate only at this time. If he was able to continue along his current path and obtain employment in the industry where members of the public are served, then he may then reapply at a time or when his certificate is due for renewal.

[9] In the light of that concession we think that it may be appropriate to allow him the opportunity to be the holder of a Club Manager’s Certificate. Whether he makes further progress in relation to a General Manager’s Certificate is a matter for him.

[10] In the light of his decision to abstain from all alcoholic liquor, we believe that he may be able to carry out the responsibilities associated with the holding of a managerial certificate adequately. In the decision of G L Osborne LLA 2388/95 it was stated by the Authority at that time:

"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."

[11] Quite clearly a five year period of being conviction free is appropriate in this case. That period has now expired. Coupled with his commitment to abstain from the consumption of liquor, we think that it is time for Mr Menzies to be given this opportunity.

[12] The application is therefore amended to be an application involving a Club Manager’s Certificate, and is granted.

DATED at WELLINGTON this 27th day of March 2006

Judge E W Unwin Mr J C Crookston
Chairman Member

Roger Menzies.doc(aw)