Stafford, re [2006] NZLLA 340 (22 May 2006)

Last Updated: 26 March 2010

Decision No. PH 340/2006

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by STEPHEN ALLEN STAFFORD pursuant to s.118 of the Act for a Club 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 S A Stafford – applicant
Mr M Ferguson – Christchurch District Licensing Agency Inspector – in opposition
Sergeant A J Lawn – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Stephen Allen Stafford for a Club Manager’s Certificate.

[2] The Authority is governed by the provisions of s.121(2) of the Act in relation to the criteria to be taken into account. In this case the relevant criteria relate to Mr Stafford’s character and reputation, and the convictions recorded against him.

[3] It must be said that Mr Stafford has sufficient experience in working in licensed premises and managing them. Not only in the “Lyttelton Working Men’s Club” where he currently works, but also in other licensed premises.

[4] He has completed the relevant training, and indeed is the holder of a Licence Controller Qualification. He completed a course of training with the Christchurch Polytechnic. In Christchurch, the Police, the Crown Public Health and the District Licensing Agency are all actively involved in these particular courses. The particular monitoring agencies in Christchurch stress during the course, that the standards of managers must if possible, be higher than those of the general public, because they have the responsibility of controlling licensed premises, and the sale and supply of liquor.

[5] The issue in this case is to see whether Mr Stafford is a person who is likely to meet his responsibilities under the Act.

[6] The application drew an adverse report from the Police based on certain convictions. Mr Stafford got into trouble on 8 October 2000, approximately five and a half years ago. At that time it is clear he acknowledges that he may have had a problem with liquor, as well as with the management of his anger. He says that he has addressed both those issues, and that he stopped drinking around about that time, having attended a Queen Mary Hospital course and completed an anger management programme.

[7] The convictions were serious in that he was convicted of assault with intent to injure, and there were two charges of wilful damage. He was sentenced to imprisonment for nine months in respect of the assault charge although that was suspended for 12 months. He was also sentenced to supervision with a number of conditions.

[8] It would appear then that this offending was addressed by Mr Stafford, and that by his own hard work he was able to reach the stage where he was a productive member of the community. Indeed Mr Stafford has more recently become quite involved with the running of the “Lyttelton Working Men’s Club” for which he now seeks a Club Manager’s Certificate.

[9] There were other incidents referred to by the Police in 2001, but these involved a relationship which had broken down. A number of charges were lodged against Mr Stafford but these were eventually dismissed for want of prosecution.

[10] Regrettably Mr Stafford relapsed at Christmas time in 2005. As a consequence he now faces a charge of assault with a weapon. Mr Stafford states that since that time he is back seeing AA. He continues not to drink, and he intends to defend the charges which are to be called next June. It is not clear how long that process will take, but the issue is whether the convictions back in the year 2000 have been repeated. Mr Stafford is entitled to the presumption of innocence, but at this stage we are unable to say whether his underlying issues with drink and with anger have come back to the surface.

[11] Absent the incident on 25 December last, we believe that a Club Manager’s Certificate could be granted. We say this because it is now over five years since the first incident involving the assault. We accept that there has been an intervening charge in the year 2002. That related to a failing to give information when hiring an article, for which a moderate fine was imposed. We do not think that should impact on the application, particularly as this is an application involving a Club Manager’s Certificate, and not a General Manager’s Certificate.

[12] In summary, we believe that it would be appropriate to issue a Club Manager’s Certificate but in the light of the alleged recent offending, we cannot do so. What we propose to do is to adjourn these proceedings for the maximum period of time which is 12 months. The proceedings can be brought forward by notice by other party if in the interim period of time the charge is disposed of. If the charge is dismissed then we propose to grant the application on the papers. In other words we are satisfied as to Mr Stafford’s suitability having heard from Mrs Brenda Dargon the Vice President of the Club. She says that Mr Stafford has shown no sign of stress when serving liquor, and he is able to cope under pressure. She says that the Committee all know about his past, and are very keen to be supportive of him and keep an eye on him. In those circumstances a grant would be appropriate.

[13] However, if in fact the charge which occurred in December last results in a conviction, then the whole matter will have to be reviewed. That will of course depend on when the conviction is imposed and the penalty that was also imposed. On that basis the application is now adjourned.

DATED at WELLINGTON this 22nd day of May 2006

_____________________
B M Holmes
Deputy Secretary

Stephen Stafford.doc(aw)