Stevenson, re [2008] NZLLA 1405 (2 October 2008)

New Zealand Liquor Licensing Authority

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Stevenson, re [2008] NZLLA 1405 (2 October 2008)

Last Updated: 9 February 2010

Decision No. PH 1405/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by TIMOTHY JAMES STEVENSON 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: Dr J Horn

HEARING at TIMARU on 25 September 2008

APPEARANCES

Mr T J Stevenson – applicant
Mrs B A Ensor – Timaru District Licensing Agency Inspector – in opposition
Sergeant G McCrostie – NZ Police – to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Timothy James Stevenson for the renewal of his General Manager's Certificate. Mr Stevenson was granted his certificate on 25 July 2007. However he has had considerable experience in the industry and has been certificated for eight or nine years. The most recent grant was as the result of his failure to renew the previous certificate.

[2] The application for renewal was filed in time and drew opposition from the Police. This opposition was not unnatural because Mr Stevenson had received a conviction on or about 12 May 2008, for offending which was carried out over a period of time between December 2006 and January 2008. This was at a time when Mr Stevenson was employed as a barman and duty manager in licensed premises in Christchurch.

[3] The criteria to which we must have regard when considering any renewal are set out in s.126 of the Act and these criteria include:

(a) The character and reputation of the applicant;

(b) Any convictions recorded against the applicant since the certificate was issued or last renewed;

(c) The manner in which the manager has managed the sale and supply of liquor pursuant to the licence, with the aim of contributing to the reduction of liquor abuse;

(d) Any matters dealt with in any report made under s.124 of the Act.

[4] The brief facts relate to a customer loyalty programme that was run by the premises in Christchurch. Under this programme customers obtain a discount on certain products and earn reward points on any purchase. Mr Stevenson was able to obtain a loyalty card in his partner's name. He then used the card for many hundreds of transactions thereby gaining loyalty points to which he was not entitled. The result was that he earned enough to purchase meals from his employer to the value of $2,522.10.

[5] He was charged with using a document and appeared before the District Court. An attempt was made to obtain a discharge without conviction or some form of leniency based on the fact that he was 33 years of age and this was his first offending of any offence involving dishonesty. He was convicted and was ordered to pay the reparation and was fined $500 plus costs. Mr Stevenson has paid the reparation.

[6] Mr Stevenson duly appeared. He is well aware of the nature of his offending. He is fortunate that he has current employment in Geraldine. Not only that but he has the full support of his employer who has seen fit to come before us to confirm that Mr Stevenson acts with distinction in his role. He is punctual and courteous to customers and as far as she is concerned, trustworthy. She also accepts that honesty is one of the main attributes of any duty manager.

[7] It is accepted that there were no liquor abuse issues in this case. On the other hand the offending is serious. From the Authority's stand point we only have two options. We can grant the application or we can refuse it. To refuse the application in effect takes away from Mr Stevenson's right to responsible employment which he has enjoyed for eight or nine years. The issue is whether or not the offending is sufficiently serious to warrant such action.

[8] In the light of the object of the Act we have decided to err on the side of leniency. This is notwithstanding our expectation that the holders of certificates will be people of integrity committed not only to setting examples to their patrons but ensuring their safety as well.

[9] In the light of the support Mr Stevenson has, we have decided that the certificate will be renewed but for 12 months only. This means that the certificate will fall due again for renewal on 25 July 2009 in approximately nine or ten months time. We hope that this reduced renewal period will be viewed by Mr Stevenson, (if not the holders of other certificates) as a warning about potential loss of certificates for antisocial behaviour.

[10] The renewal application is granted on those terms.

DATED at WELLINGTON this 2nd day of October 2008

Sara Cunningham
Secretary

Timothy Stevenson.doc(aw)