Ferguson v Thomas [2006] NZLLA 334 (22 May 2006)

Last Updated: 20 March 2010

Decision No. PH 334-335/2006

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 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 4 May 2006

APPEARANCES

Mr M Ferguson – Christchurch District Licensing Agency Inspector – applicant
No appearance by or on behalf of respondent and applicant for renewal of manager’s certificate
Sergeant R S Hutton – NZ Police – to assist

ORAL DECISION OF THE AUTHORITY

[1] There are two matters before the Authority. The first is an application pursuant to s.135 of the Act for the suspension of Mr Curt Edward Thomas’ General Manager’s Certificate.

[2] Mr Thomas was granted his certificate on 1 September 2004. The application for suspension followed incidents which occurred some three weeks thereafter. As a consequence Mr Thomas was convicted in the District Court on charges of driving in a dangerous manner, and driving with excess breath alcohol. The level of alcohol in his breath was 931 micrograms of alcohol per litre of breath. This was a third conviction, there being two other historical matters in 1994 and 1993.

[3] The Inspector had given Mr Thomas an opportunity to put the past behind him, but was to some extent let down by the offending. Mr Thomas can count himself fortunate that the application was for suspension only.

[4] The second matter relates to an application for renewal by Mr Thomas of his General Manager’s Certificate.

[5] The applications were first heard in Christchurch on 15 February 2006. At that time Mr Thomas did not appear. A telephone call was made to him and it was discovered that he was in Nelson and seemed to have the view that the matter was to be called in March. Accordingly the application was adjourned. (See Curt Edward Thomas PH 129-130/2006).

[6] Mr Thomas was in due course sent a copy of the decision which indicated that the concerns of the reporting agencies were such that they were suggesting that the General Manager’s Certificate should not be renewed at all.

[7] Mr Thomas did not appear at the second hearing. An attempt was made to contact him by his cellphone which was unsuccessful. The evidence suggests that Mr Thomas is not currently using his General Manager’s Certificate although he is still working in the hospitality industry. We were led to believe that Mr Thomas has had an accident, although the alleged circumstances and consequences would not normally have prevented him from appearing before us.

[8] The fact that he has not appeared would give rise to the inference that he is no longer interested in pursuing his application, this being his second opportunity to appear before us.

[9] In those circumstances we have no hesitation in declining the application for the renewal of the General Manager’s Certificate based on the criteria set out in s.127 of the Act. In those circumstances the application for the suspension of the General Manager’s Certificate is now redundant, and will be deemed to have been dismissed.

DATED at WELLINGTON this 22nd day of May 2006

________________________
B M Holmes
Deputy Secretary

Curt Thomas.doc(aw)