Henshaw [2007] NZLLA 1139 (30 October 2007)

Last Updated: 28 January 2012

Decision No. PH 1139/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JAMES DAVID HENSHAW pursuant to s.123 of the Act for renewal of a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr P M McHaffie

HEARING at WELLINGTON on 15 October 2007

APPEARANCES

Mr J D Henshaw – applicant
Sergeant S A Hughes – NZ Police – in opposition
Mr P R Schuchmann – Hutt District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application by James David Henshaw for the renewal of his General Manager's Certificate.

[2] Mr Henshaw is just 21 years of age. He was granted a General Manager's Certificate on 5 January 2006. This is his first application for renewal following what is known as the probationary year.

[3] The application drew an adverse report from the Police based on a conviction involving driving with excess breath alcohol content. The offending occurred on 12 March 2006, shortly after Mr Henshaw was granted his certificate.

[4] The facts show that Mr Henshaw's level was 318 micrograms of alcohol per litre of breath. This is below the adult allowable limit but a little over twice the limit that is allowed for persons under the age of 20 years. Mr Henshaw was duly fined and disqualified. The Police referred to an earlier incident in October 2005 which involved a form of disorder. However, Sergeant Hughes recognised that that incident occurred prior to the grant of the certificate, and that in terms of s.126 of the Act it is only the convictions that occurred after the issue of the certificate, that are relevant.

[5] Another relevant factor is 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. In this case Mr Henshaw is fortunate that the assistant manager of the off-licence where he works has seen fit to support him. He works for one of the “Liquor King” group. It was explained by Ms Connell the company will not necessarily support everybody who gets into difficulty involving aspects of the Act. However in this case it was felt that there has been a significant change in Mr Henshaw since he was apprehended. The company believes that the investment that has been made in him, may well turn out to be worthwhile.

[6] Mr Henshaw stated that this was a wake up call for him and that he has changed the way he behaves, and the company that he keeps. The evidence points to a young man who seems well aware of the responsibilities of a duty manager under the Act, in particular in relation to the sale of liquor to minors and/or intoxicated persons.

[7] We believe that although the offending took place during the probationary year the facts are not sufficiently strong to warrant the refusal of the renewal of the certificate. However we intend to truncate the period of renewal as a reminder to Mr Henshaw, and indeed the holders of other General Managers' Certificates, that any offending involving liquor abuse will place the certificate at risk.

[8] After balancing the relevant matters, the General Manager's Certificate will be renewed for two years. This means that it will fall due for renewal on 5 January 2009 which is in a little over 14 months time. We hope this reduction will act as a reminder to Mr Henshaw of the need to set an example to his patrons as well as looking after their safety.

DATED at WELLINGTON this 30th day of October 2007

B M Holmes
Deputy Secretary

James Henshaw.doc(aw)