Whinn, re [2007] NZLLA 828 (20 August 2007)

New Zealand Liquor Licensing Authority

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Whinn, re [2007] NZLLA 828 (20 August 2007)

Last Updated: 14 February 2010

Decision No.PH 828/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by COREY DENNIS WHINN pursuant to s.118 of the Act for a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at Thames on 16 August 2007

APPEARANCES

Mr C D Whinn – applicant
Mr M Sandilands – Thames-Coromandel District Licensing Agency Inspector – to assist
Senior Sergeant R A Knight – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] The object of the Sale of Liquor Act 1989 is to establish a reasonable system of control over the sale and supply of liquor to the public with the aim to contributing to the reduction of liquor abuse so far as this can be achieved by legislative means. The Act requires us and every District Licensing Agency to exercise our jurisdiction powers and discretions in a manner that is most likely to promote the object of the Act.

[2] Against that background we are faced with an application by Corey Dennis Whinn for a General Manager’s Certificate.

[3] Mr Whinn fulfils some of the criteria set out in s.121 of the Act. For example, he has an excellent history of employment within the hospitality industry, having worked at a number of licensed premises from January 2003 until the current day.

[4] He was able to produce a reference from his current place of employment known as “Tairua Landing.” He has worked there mainly as a chef but also as front of house staff. He has been employed in these premises since January of this year. We are advised that the primary focus of the business is on the production of quality food, and there are few liquor abuse issues.

[5] Mr Whinn is the holder of the Licence Controller Qualification.

[6] The application was opposed based on a short pattern of offences committed within the last 12 months. Mr Whinn was born on 4 June 1988 and turned 19 two months ago. Yet in that short space of time, he has achieved three convictions.

[7] The first conviction resulted from an offence on 29 July 2006 when he was apprehended for driving with excess breath alcohol content. The level was 547 micrograms of alcohol per litre of breath. Although Mr Whinn was under the age of 20, he was over the allowable adult level.

[8] On 8 March 2007, some eight months later, Mr Whinn was again apprehended for the same charge. On this occasion there was a breath alcohol level of 201 micrograms of alcohol per litre of breath. This was still 51 micrograms over the allowable limit of 150 micrograms for someone under the age of 20. On both occasions, Mr Whinn was fined and disqualified.

[9] On 11 May 2007, (that is three months ago), Mr Whinn drove while he was disqualified. He has given reasons as to why he conducted himself in this way. He was duly convicted, fined and disqualified on that charge.

[10] Basically speaking, there is a pattern of offending that has emerged, which is a cause of some considerable concern. Although Mr Whinn has given an assurance that the offending will not be repeated, he has yet to prove that. What is needed in this case is a level of maturity, and for Mr Whinn to satisfy us that he is a suitable person to be the holder of a General Manager’s Certificate. As a manager he is expected to set an example to his patrons as well as ensuring their safety.

[11] Faced with this pattern of offending, we could not be satisfied as to his suitability at this time. In the decision of Graham Leslie Osborne LLA 2388/95, the guideline of a two-year conviction free period was suggested for an isolated drink driving offence. Here we have two offences compounded by driving while disqualified. The issue is whether a person can show that he or she has learned from the errors of the past and is able to move forward, and show a level of maturity.

[12] We believe that Mr Whinn needs to show, over the next two and a half years from the last date of the last offence that he is capable of this type of discipline and leadership. It is going to be sometime yet before he can achieve the level of responsibility that we are looking for. The grant of his General Manager’s Certificate is going to be a process rather than an event.

[13] In all the circumstances, and because to of the offences involve liquor abuse, the application must be declined.

DATED at WELLINGTON this 30th day of August 2007

B M Holmes
Deputy Secretary

Corey Whinn.doc