Thorne [2007] NZLLA 960 (3 October 2007)

Last Updated: 26 January 2012

Decision No. PH 960/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JASON ANTHONY THORNE 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 QUEENSTOWN on 19 September 2007

APPEARANCES

Mr J A Thorne – applicant
Ms T J Surrey – Queenstown-Lakes District Licensing Agency Inspector – in opposition
Sergeant K Newell – NZ Police – to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Jason Anthony Thorne for a General Manager's Certificate.

[2] To a large extent Mr Thorne complies with the criteria set out in s.121 of the Act. He is the holder of the Licence Controller Qualification. He has been employed at licensed premises known as the "Queenstown Lodge" on and off for approximately the last five years. He started working on a full time basis a year ago, and he is supported by a reference from the management of that licensed premises, that there is an opening for him as a duty manager. He is regarded by his employer as a perfect candidate.

[3] The employer has paid for him to gain the necessary qualification. The premises where he proposes to work are not known by the Police for any offending involving liquor abuse. Indeed the on-licence is a hotel style on-licence where liquor abuse is an unlikely consequence.

[4] The main ground for opposing the application relates to Mr Thorne's suitability and his list of previous convictions. Mr Thorne has produced a number of references testifying to his character and reputation.

[5] The offending goes back to 1990. The pattern of offending relates to drug abuse. Mr Thorne has convictions in 1994 for possession and cultivation of cannabis, and in 1997 for possession of cannabis seeds. According to Mr Thorne he then undertook counselling to address his drug habit in New Plymouth. This proved to be successful until he came to live in Queenstown in 2000. It was on 24 February 2002, that Mr Thorne was apprehended for supplying ecstasy.

[6] On 1 December 2003, Mr Thorne was convicted and fined $1,500 for the offence. Mr Thorne has stated that he is trying to put the past behind him and get on with his life. He states that he has left the drug subculture behind. He accepts that the only way he can demonstrate that commitment is by the passage of time. Indeed the passage of time was referred to in a previous decision of the Authority when discussing the impact of convictions, and in particular, a pattern of offending of this nature.

[7] In the decision of G L Osborne LLA 2388/95 it is 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] In that decision the Authority took the time as running from the date of conviction. It is our view that time should really run from the date of offending. If a person is able to show that he or she is free of any involvement or conviction of any form of anti-social behaviour for such period, then it is probable that they have learned from their experience of the past, and can lead a pro-social lifestyle.

[9] Any concerns that we might have had about Mr Thorne's character and reputation, have to some extent been alleviated by an undertaking that he has given that if granted a General Manager's Certificate, it would be used for the first probationary year at the premises where he is currently employed.

[10] The certificate would be tagged accordingly. Of course any breach of the undertaking would result automatically in an application for the cancellation of the certificate.

[11] In those circumstances we think that Mr Thorne has done enough to qualify for the privilege of a certificate, and we propose to grant it accordingly.

DATED at WELLINGTON this 3rd day of October 2007

B M Holmes
Deputy Secretary

Jason Thorne.doc(aw)