Miller, re [2007] NZLLA 8 (11 January 2007)

Last Updated: 25 January 2010

Decision No. 8/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SCOTT CHARLES MILLER 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 PALMERSTON NORTH on 18 December 2006

APPEARANCES

Mr S C Miller – applicant
Sergeant S M Oram – NZ Police – in opposition
Miss S C Mitchell – Palmerston North District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Scott Charles Miller for a General Manager’s Certificate.

[2] Mr Miller has held a certificate since 1999 and over the last seven years he has managed stores in Masterton and Palmerston North. He has worked as a manager for “Liquor King” and supportive references were filed in support of his application.

[3] Mr Miller made a mistake in not renewing his General Manager’s Certificate when it expired on 19 August 2006. He was accordingly required to make a fresh application and did so. He disclosed a conviction for assault in 2005. There was a previous matter involving a breach of the drink driving provisions of the Transport Act. This was an incident which occurred in 1994 some 12 years ago.

[4] The Police objected to the application on the basis of the recency of the conviction for assault and the nature and circumstances of the offending. It is not appropriate to describe the assault in detail because Mr Miller still takes issue with some of the facts. It was domestic related and both parties had been drinking. As a consequence there was a complete breakdown of the relationship. Mr Miller came before the District Court on 8 July 2005. The charge was reduced from male assaults female to common assault. The appearance in the Court occurred some five days after the alleged incident. Mr Miller was convicted and ordered to come up for sentence if called upon within 12 months. He was required to pay $130 by way of Court costs.

[5] On the one hand the charge itself and the nature of the charge is reasonably serious. On the other hand Mr Miller was dealt with reasonably leniently in the District Court.

[6] Mr Miller advised that in September he left his employment with “Liquor King” in order to take a break. He is currently looking for other forms of employment and he does not exclude the possibility of a return to the hospitality industry. As such he would like to obtain a General Manager’s Certificate in order to assist with potential employment. We have advised Mr Miller that it is necessary for him to have the support of an employer who trusts Mr Miller sufficiently to want him to manage any licensed premises on his own.

[7] The matter can be resolved in this way. In a decision of G L Osborne LLA 2388/95 it was stated:

"Without fettering ourselves in this or other applications, it may be helpful if we indicate that we commonly look for a five year period free of any serious conviction or any conviction relating to or involving the abuse of alcohol or arising in the course of an applicant’s duty on licensed premises."

[8] On the other hand the Authority indicated that isolated offending disclosing no pattern could be dealt with more leniently. By way of an example, a conviction free period of two years was suggested for an isolated offence of driving against the provisions of the Transport Act.

[9] In the circumstances and in view of Mr Miller’s considerable experience in the industry, and his obtaining the Licence Controller Qualification, we think that a conviction free period of a minimum of two years is appropriate. We therefore propose to adjourn this application for six months. If Mr Miller returns to the industry we see no reason why he might not be appointed as a temporary manager provided the provisions of s.128 of the Act are met.

[10] If in six months time Mr Miller has employment in the industry and the support of an employer then we would be prepared to grant the application on the papers. If on the other hand no such employment has been obtained and Mr Miller shows no further interest in the application it will be declined or withdrawn. The third option is for a further period of time to be granted in order for Mr Miller to obtain the sort of employment that he is looking for.

[11] Those are matters for the future. In the meantime the application will be adjourned.

DATED at WELLINGTON this 11th day of January 2007

Judge E W Unwin Ms P A Ballard
Chairman Member

Scott Miller.doc(aw)