Marner v Edwards [2007] NZLLA 838 (6 September 2007)

New Zealand Liquor Licensing Authority

[Index] [Search] [Download] [Help]

---

Marner v Edwards [2007] NZLLA 838 (6 September 2007)

Last Updated: 14 February 2010

Decision No.PH 838/2007 –
PH 839/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager's Certificate number 049/GM/175/2004 issued to STEPHEN MARTIN EDWARDS

BETWEEN CAROLINE ANNE MARNER

(Police Officer of Wellington)

Applicant

AND STEPHEN MARTIN EDWARDS

Respondent

AND

IN THE MATTER of an application by STEPHEN MARTIN EDWARDS 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 9 August 2007

APPEARANCES
Sergeant C A Marner – NZ Police – applicant and in opposition to application for renewal of manager's certificate
Mr M S Edwards – respondent and applicant for renewal of manager's certificate
Mr R S Putze – Wellington District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] There are two matters before the Authority. The first is an application brought by Stephen Martin Edwards for the renewal of his General Manager’s Certificate. Mr Edwards has held his certificate since 2004. The certificate fell due for renewal on 4 May 2007. Mr Edwards is the holder of the Licence Controller Qualification.

[2] When he filed his application he was asked whether he had been convicted of any offence since the certificate had been issued. Although he had not been convicted, he disclosed that in September 2005, he had been granted diversion in respect of a trespass matter.

[3] This alerted the authorities to discover that Mr Edwards had been apprehended at about 5.15 am on 6 July 2005, in a public street in Wellington. He had been drinking and was clearly intoxicated. He walked into two fenced properties and disturbed the people in those properties.

[4] He was taken before the District Court for two charges of being unlawfully in an enclosed yard. He was offered diversion because this was his first offence in 37 years. This was granted and Mr Edwards was required to make a donation and write letters of apology.

[5] That behaviour was the cause of the opposition to the renewal. It also resulted in an application being brought by the Police for the suspension of the General Manager’s Certificate. The ground for the suspension was that Mr Edwards’ conduct had been such as to show a lack of suitability. The Police argued that Mr Edwards had displayed irresponsible behaviour, an inability to consume liquor in a responsible manner and make responsible decisions. It was also pointed out that at the time of the offending, he had just renewed his manager’s certificate.

[6] Mr Edwards has spoken with us. He deeply regrets what happened. He says the incident was totally out of character and has been a cause of some embarrassment. He said that he had been drinking at the premises where he was working, after the premises had ceased trading. He had then gone onto the properties apparently looking for a place to sleep. He had no knowledge of the occupants of the properties.

[7] Mr Edwards has apologised for his actions and is able to make the connection between his own behaviour and the object of the Act. As he pointed out, he let himself down and we accept that.

[8] For our part we are trying to keep standards high in the industry. For that reason we prefer to impose sanctions which act as a deterrent, not only to the person involved, but to other holders of General Manager’s Certificates. The position we would like to be in is that most all holders would understand that if they become involved in issues involving liquor abuse, then they place their certificates at risk.

[9] In this case, we believe that the applications have been brought to a public hearing through Mr Edwards’s disclosing a matter for which he was diverted. We therefore intend to renew his General Manager’s Certificate in the normal way for three years.

[10] As far as any sanction is concerned, we think that a modest sanction is appropriate to bring home to Mr Edwards the need to keep his personal standards high, and set a good example to his patrons.

[11] Accordingly, the General Manager’s Certificate issued to Stephen Martin Edwards is suspended for 10 days commencing on Thursday 9 August 2007.

DATED at WELLINGTON this 6th day of September 2007

B M Holmes
Deputy Secretary Stephen Edwards.doc