Wright, re [2007] NZLLA 911 (18 September 2007)

New Zealand Liquor Licensing Authority

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Wright, re [2007] NZLLA 911 (18 September 2007)

Last Updated: 14 February 2010

Decision No.PH 911/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by LACHLAN WRIGHT 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: Dr J Horn

HEARING at INVERCARGILL on 5 September 2007

APPEARANCES

Mr L Wright – applicant
Mr D H Clearwater – Southland District Licensing Agency Inspector – in opposition
Sergeant A J Harris – NZ Police – to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Lachlan Wright for a General Manager's Certificate.

[2] Mr Wright will be 25 years of age in approximately one week's time. He filed his application with the Southland District Licensing Agency in November 2006. At that time he had the positive support of an employer, and was the holder of the Licence Controller Qualification. He supplied references as to his character and reputation.

[3] Mr Wright disclosed a conviction involving liquor abuse. The facts show that on 16 April 2005, Mr Wright was involved in an accident. He had a breath alcohol level of 939 micrograms of alcohol per litre of breath. He was convicted of driving with excess breath alcohol as well as careless driving and was ordered to pay reparation of $3,000. He was also disqualified for a period of eight months.

[4] Those are the only convictions recorded against him. The $3,000 has since been paid.

[5] Mr Wright was fortunate that his employer Mr Daniel Anderson has appeared before the Authority in support. Mr Anderson is the owner operator of two premises, one known as the "Ranch Bar and Grill" in Te Anau, and the other known as the "Fat Duck Café Bar".

[6] Mr Wright has been working for Mr Anderson for approximately five years. During that time he has obviously matured in the job. Mr Anderson, who has at least 12 years experience in the industry, and is the holder of a General Manager's Certificate, has noted that Mr Wright is a person who can handle most situations without great difficulty. In his view, Mr Wright has the ability to relate well to people. It is clear from our impression of him today that he has a good understanding of his responsibilities under the Act, and appears to enforce them well.

[7] When the application was opposed, Mr Wright found himself in some difficulty. Not only was he required to pay the reparation and a disqualification, but he found that he was being held back in terms of any increased responsibility. The decision was made not to appoint him as a temporary manager. This may have been opposed in any event. During the last 11 months Mr Wright has been under supervision, but assuming some managerial responsibility. He does not have the experience of operating premises on his own, but this has, to some extent, been counterbalanced by the other positive aspects that he brings to the application.

[8] The leading guideline decision in relation to the way in which the convictions should be looked at is G L Osborne LLA 2388/95. In that case it was suggested that isolated excess breath or blood alcohol convictions disclosing no pattern of offending might indicate a minimum period of two conviction-free years. This is to show that the person has learned from the experience, and is able to pass on such learning to other people. What we are looking for is evidence of maturity and leadership.

[9] In this case we have taken into account that any grant is for a period of one year. This is regarded as a probationary year. We have taken into account the significant support Mr Wright has from his employer as well as the other positive features. In view of the fact that the offending occurred over two and a half years ago, and notwithstanding the high alcohol content, we have decided that the time has come for Mr Wright to step up in the industry. The application is therefore granted.

DATED at WELLINGTON this 18th day of September 2007

B M Holmes
Deputy Secretary

Lachlan Wright.doc