Owles [2006] NZLLA 835 (4 October 2006)

Last Updated: 24 January 2012

Decision No. PH 835/2006

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by MURRAY LUDLOW OWLES 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 WHANGAREI on 26 September 2006

APPEARANCES

Mr M L Owles – applicant
Sergeant H P Clement – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Murray Ludlow Owles for a General Manager’s Certificate.

[2] Mr Owles is a relatively mature individual. He and his wife took on joint ownership of on and off-licensed premises in the name of “Parua Bay Tavern” in about May 2005. Mr Owles filed his application for a General Manager’s Certificate in August of that year.

[3] Mr Owles was asked in his application whether he had been convicted of any offence and he ticked the box saying ‘no’. As it happens Mr Owles has one isolated drink driving conviction. The offending occurred in August 1998. His breath alcohol level was 535 micrograms of alcohol per litre of breath. Approximately three weeks after being apprehended Mr Owles was convicted in the Masterton District Court and fined and disqualified.

[4] The Police took the view (because there have been previous decisions to this effect), that failure to disclosure the conviction prima facie leads to a finding of unsuitability. Accordingly an adverse report was received and the matter was duly set down for a hearing.

[5] To some extent the application has been overtaken by the relatively long period of time between the filing of the application and the hearing.

[6] Mr Owles has appeared before us. He has explained how he made an error of judgement. He had been given to understand that although previous convictions should be disclosed, that generally speaking conviction which were more than seven years old and of a historical nature would not necessarily be taken into account. He also believes that he was somewhat misled by the Clean Slate Act. In those circumstances he neglected to fill in the document correctly. He rebuts any suggestion that there was any attempt to mislead which might lead to a finding of unsuitability.

[7] We accept his explanation. The true basis for the non-disclosure cannot be proved either way but he is entitled to the benefit of the doubt. After all he has had an otherwise blameless career. This is an isolated, solitary offence and he has some good references.

[8] All in all he satisfies the criteria set out in s.121 of the Act. As far as the offending itself is concerned it is now some eight years since this took place. According to a previous decision of G L Osborne LLA 2388/95 the Authority tends to have a policy that isolated breath or blood alcohol convictions would require a stand down or conviction free period of about two years. This conviction is much more historical than that.

[9] Therefore we propose to grant the application. However, no General Manager’s Certificate can be issued until such time as Mr Owles presents his Licence Controller Qualification to the District Licensing Agency. This has become a requirement since 1 April last, pursuant to the provisions of s.117A of the Act.

[10] The application is granted. The certificate will issue provided the Licence Controller Qualification is filed within the next two months. If the document is not filed the application will be declined.

DATED at WELLINGTON this 4th day of October 2006

Judge E W Unwin Ms P A Ballard
Chairman Member

Murray Owles.doc(aw)