Ross, re [2007] NZLLA 211 (13 March 2007)

Last Updated: 28 February 2010

Decision No. PH 211/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by CAROLITO SARREAL ROSS 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: Ms P A Ballard

HEARING at QUEENSTOWN on 28 February 2007

APPEARANCES

Mr C S Ross – applicant
Ms T J Surrey – Queenstown-Lakes District Licensing Agency Inspector – in opposition
Sergeant A J Harris – NZ Police – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Carolito Sarreal Ross for the renewal of his General Manager’s Certificate.

[2] Mr Ross has held a certificate since 14 August 2002. The certificate fell due for renewal on 14 August 2006. In considering the renewal application we are required to have regard to the criteria set out in s.126 of the Act. These criteria relate to:

(a) The character and reputation of the applicant;

(b) Any convictions recorded against the applicant since the certificate was issued or last renewed;

(c) 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;

(d) Any matters dealt with in any report made under s.124 of the Act.

[3] When he filed his application Mr Ross was asked whether he had been convicted of any offence since the certificate was last renewed. He said he had. He referred to drink driving charges and use of a document to gain advantage in August and November 2004.

[4] The disclosure of these convictions alerted the Police who discovered that Mr Ross had a number of convictions under those headings. The evidence shows that on 11 September 2004 Mr Ross was apprehended for driving with an excess breath alcohol content. The level was 714 micrograms of alcohol per litre of breath. Mr Ross was duly convicted, fined and disqualified.

[5] At the time Mr Ross was living in Queenstown having come down to Queenstown from the North Island. He explained that he was going through a bad personal patch at the time with the separation from his wife and two children. He was also into gambling and in October, November and December of that year he used a credit card belonging to a close relation of one of his flatmates to gain money. The amount involved was just under $7,000.

[6] Mr Ross went before the District Court in Queenstown in March 2005 and was ordered to pay the money back and placed on supervision for a period of six months.

[7] It seems in the outset that the supervision has had an impact upon him. He has certainly addressed what appears to be an alcohol problem as well as a gambling problem. Mr Ross was employed for some time in off-licensed premises in Queenstown but over the last three months he has worked at licensed premises known as “Tardis Bar” in Queenstown.

[8] In terms of the way that he has managed the premises he has produced two very positive references. One was from licensed premises in Rotorua known as the “Grand Tiara Hotel and Conference Centre”. He was employed there for 12 months between July 2005 and June 2006. He was described by the owners as very friendly, professional and courteous and there was no hesitation in recommending him for any future hospitality positions. As it happens Mr Ross has a contract to go and work as a duty manager at the hotel in two weeks time for a period of six weeks.

[9] There was also a letter from his current employer in Queenstown where he has been working in the bar for some three months. This is a relatively part time job but he uses his General Manager’s Certificate one day a week.

[10] The reference says “I myself have held a General Manager’s Certificate since 1991 and believe that Archie displays the necessary qualities needed to obtain the certification himself. I have always found him to both reliable and trustworthy and would not hesitate to give my recommendation for him to attain a General Manager’s Certificate.”

[11] Mr Ross is paying off the fines and the reparation at about $20 per week. We are not unaware of the fact that if we were to refuse the renewal of the General Manager’s Certificate then some of the victims of his offending might be disadvantaged.

[12] There has been a third incident which was not disclosed. No issue is taken with the failure to disclose a conviction for fighting. We believe that there was no intention to mislead. The evidence is that Mr Ross was convicted on 14 May 2005 for fighting in a public place and was fined $600 with costs.

[13] The situation in this case is not without difficulty. We gave serious consideration to refusing the renewal. We find that Mr Ross has contracts to fulfil. We are prepared to renew the certificate but for one year only which means that it will fall due again for renewal on 14 August 2007 in about six months time.

[14] Mr Ross needs to know that he will be on a period of probation and that any lapse in his personal behaviour or indeed in his professional career will result in the cancellation of his certificate. We have given him some form of leniency partly because it is now over two years since the offending and he has shown that he can behave, (excluding of course for the incident involving fighting in a public place).

[15] We have also taken into account the fact that he has an employment contract available to him. We would anticipate that over the next six months Mr Ross can retrain himself. If there are further concerns about his ability then we would expect his employer to be present at any future public hearing. We would also anticipate that Mr Ross would attend any courses which are run for persons who are involved in the hospitality industry in the interim period of time.

[16] On that basis the application is granted but for a period of 12 months only.

DATED at WELLINGTON this 13th day of March 2007

Judge E W Unwin Ms P A Ballard
Chairman Member

Carolito Ross.doc(aw)