Senior, re [2006] NZLLA 44 (15 February 2006)

Last Updated: 17 February 2010

Decision No. PH 44/2006

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JAYNE KAREN SENIOR pursuant to s.123 of the Act for the 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 AUCKLAND on 18 January 2006

APPEARANCES

Ms J K Senior - applicant
Mr D W Sara - Auckland District Licensing Agency Inspector - in opposition
Constable S A Drury - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Jayne Karen Senior for the renewal of her General Manager’s Certificate. Ms Senior has held a General Manager’s Certificate since 13 November 1998. The certificate fell due for renewal on 13 November 2005.

[2] When she filed her application, Ms Senior was asked whether she had been convicted of any offence since the manager’s certificate had last been renewed and she indicated that she had not. She was subsequently rung about non-disclosure of a conviction for driving with excess breath alcohol. She acknowledged that she had been convicted. When asked why she had not disclosed the conviction, Ms Senior said she did not think of it because of the period of time which had elapsed, and because she had thought that it was not necessarily a criminal conviction.

[3] The position is that Ms Senior was apprehended on 16 November 2003, and it was established that she had a breath alcohol level of 796 micrograms of alcohol per litre of breath. She was convicted some three weeks later and fined and disqualified. The conviction has had quite an impact upon Ms Senior and indeed she has not drunk since the incident. She currently holds a highly responsible position as the manager of a bar/entertainment premises know as “Club 574” in Epsom, Auckland.

[4] The reference which has been produced from her employer company is extremely positive and refers to the example set by Ms Senior to her patrons and her commitment to the club’s host responsibility policy.

[5] The application was opposed because of the failure to disclose the conviction, and well as the conviction itself. We accept the general proposition that the way any licensed premises is managed is very important. There is an expectation that the holders of General Manager’s Certificates will be persons of integrity who will set examples to their patrons in their own personal behaviour.

[6] The position here is that there has been no s.135 application which would normally have resulted in a period of suspension of the General Manager’s Certificate. We are governed by the criteria set out in s.126 of the Act which refer to an applicant’s character and reputation, convictions recorded since the certificate was last renewed, and the manner in which the manager has managed the sale and supply of liquor pursuant to the licence with the aim of contributing to the reduction of liquor abuse.

[7] This is very much a balancing exercise. We have noted the commitment made by Ms Senior not to drink. She seems quite positive that this is a permanent state for her. We are also impressed by the reference which has been given on her behalf.

[8] We are prepared to accept her explanation as to why the conviction was not disclosed, and give her the benefit of the doubt. Nevertheless the General Manager’s Certificate will be renewed for 15 months only. This means that it will fall due again for renewal on 13 February 2007 in just over 12 months time. We hope that this will be a reminder not just to Ms Senior but to the holders of other General Manager’s Certificates that any conviction involving liquor abuse will place the certificate at risk.

DATED at WELLINGTON this 15th day of February 2006

Judge E W Unwin Mr J C Crookston
Chairman Member

Jayne Senior.doc(aw)