Evagelia, re [2006] NZLLA 602 (14 August 2006)

Last Updated: 24 November 2010

Decision No. PH 602/2006

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ROSALIE ANN EVAGELIA 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: Ms P A Ballard

HEARING at PAPAKURA on 3 August 2006

APPEARANCES

Mrs R A Evagelia - applicant

Mr S Gounder – Manukau District Licensing Agency Inspector – in opposition

Sergeant G J Campbell – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Rosalie Ann Evagelia for a General Manager’s Certificate.

[2] To a large extent Mrs Evagelia fulfils the criteria set out in s.121 of the Act. She has been working for “Club 220” in Manurewa for about 12 months, and she has been called on to assist in a managerial capacity on a number of occasions. Her employer said that she is reliable and a pleasure to have around. He stated that she has been working as a temporary duty manager for some time. We note that the application for a General Manager’s Certificate was filed in February of this year.

[3] It is said by the general manager of the business that Mrs Evagelia enforces host responsibility, and she is well aware how to handle intoxicated patrons and how to remove them from the premises. In summary she is regarded as an asset to the company.

[4] Mrs Evagelia has completed a course of training and is the holder of the Licence Controller Qualification. She is relatively mature, being 39 years of age. The application drew an adverse response because of convictions involving liquor abuse. The evidence shows that Mrs Evagelia has two relatively serious charges involving driving with excess breath alcohol content. The first offending occurred on 17 March 2001 and her breath/alcohol level was 996 micrograms of alcohol per litre of breath. The second conviction was on 5 July 2002 with a level of 927 micrograms of alcohol per litre of breath. There has been a subsequent conviction of being an unlicensed driver failing to comply with a prohibition but we tend to discount that matter because there was no liquor involvement.

[5] Mrs Evagelia has given evidence. She has confirmed that she took stock of her own personal behaviour some time ago and has not consumed liquor for nearly three years. She has made a conscious decision to deal with any potential liquor abuses by being abstinent, and she deserves some credit for that. We are always prepared to encourage those who seek to make meaningful changes.

[6] The Police Constable who gave evidence stated that Mrs Evagelia has assisted the Police from time to time by pointing out problems that had taken place in the area.

[7] Mrs Evagelia’s decision to give up drinking is supported by her family. She contended that she is in a better position to deal with issues of intoxication at the tavern because she has “been there”. The issue for us is the impact of the two convictions on the application. The Police have submitted that the accumulation of two convictions relating to the use and abuse of liquor show a blatant disregard of the law and community standards, and that she has no driver’s licence. On the other hand Mrs Evagelia says that she is going to apply for it some time, but in the meantime she does not drive at all.

[8] We would have thought that the minimum period of three years from the date of the last offending would be the approximate period of time whereby an applicant can show that he or she has learnt from the experiences of the past. Although there has been something of a pattern, the offending is relatively isolated. She impressed us as a person is prepared to ready to take the next step up in terms of responsibility and host responsibility.

[9] It has now been four years since the last offending. We think that it is time for Mrs Evagelia to assume the full-time mantle of being a duty manager. Combined with her own attitude and change in behaviour as regards her own drinking, we think that she should make a good duty manager. We note that she has a good knowledge of the Act. In all the circumstances we proposed to grant the application.

[10] The application is granted accordingly.

DATED at WELLINGTON this 14th day of August 2006

Judge E W Unwin Ms P A Ballard
Chairman Member

raevagelia.doc (md)