Watters, re [2006] NZLLA 45 (15 February 2006)

Last Updated: 17 February 2010

Decision No. PH 45/2006

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SHANE WATTERS 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 WELLINGTON on 25 January 2006

APPEARANCES

Mr S Watters - applicant
Mr R S Putze - Wellington District Licensing Agency Inspector - to assist
Senior Sergeant G D Verner - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Shane Watters for a General Manager’s Certificate. Mr Watters filed his application in June 2005. At that time Mr Watters had been working for about 18 months in an on-licensed premises known as “The Premises Bar” which is part of the functions operations of Victoria University.

[2] Mr Watters has a positive reference from “The Premises Bar”, and the application is supported by the University to the extent that the fees were paid by his employer. Mr Watters obtained a certificate of training from D A Richards and Associates, and was described by the bar manager of Victoria University as a invaluable employee who demonstrated good time management, punctuality and good customer skills. This has been confirmed by the current functions co-ordinator, who has seen fit to come before the Authority to confirm that Mr Watters is seen as a reliable person who can be trusted to run the premises on his own. In fact Mr Watters has been operating as a temporary or acting manager since he filed his application some six months ago.

[3] The application drew an adverse report. When asked in his application whether he had been convicted of any offence, Mr Watters said he had and when asked what was the nature of the offence, and the date of conviction, he said that he had been charged with shoplifting in 2000 and had been fined. The record was checked, and it was discovered that there had been three matters before the District Court. Two were in 1999, and related to the possession of an offensive weapon which was said to be a screwdriver, as well as a charge of shoplifting and the other incident which was referred to. The Police took the view (not unnaturally), that the failure to disclose all the convictions reflected on the applicant’s character and reputation.

[4] Mr Watters has given evidence before us. He is now 25 years of age. He explained that between the age of 12 and 19 he got into quite a lot of trouble, and the majority of that trouble was in the Youth Court. He said that he was not totally certain when he filled in the application form, whether the previous matters were at a time when he was under 17, or whether in fact they had occurred at a later time in his life. He made an understandable error, and in the circumstances we have given him the benefit of the doubt. In other words we are not of the view that this was a deliberate attempt to mislead the Authority or indeed the Agency.

[5] The convictions themselves are now somewhat historical, and it is clear that since then, Mr Watters has grown up. He is studying at the University as well as working there. In the circumstances he is sufficiently mature, and certainly has sufficient support for him now to be the holder of a General Manager’s Certificate.

[6] The application is accordingly granted.

DATED at WELLINGTON this 15th day of February 2006

Judge E W Unwin Mr J C Crookston
Chairman Member

Shane Watters.doc(aw)