Cox v Laird [2008] NZLLA 1444 (20 October 2008)

New Zealand Liquor Licensing Authority

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Cox v Laird [2008] NZLLA 1444 (20 October 2008)

Last Updated: 9 February 2010

Decision No. PH 1444/2008

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 or cancellation of General Manager's Certificate number GM/08/250/2007 issued to ANDREW WILLIAM LAIRD

BETWEEN STEPHEN GOODHALL COX

(Police Officer of Manukau City)

Applicant

AND ANDREW WILLIAM LAIRD

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Ms J D Moorhead

HEARING at AUCKLAND on 10 September 2008

APPEARANCES

Sergeant G Campbell – NZ Police – applicant
Mr A Laird - respondent
Mr P Radich – Auckland District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application for the suspension or cancellation of a General Manager's Certificate issued to Andrew William Laird.

[2] The application was brought by the Police and filed with the Authority on 23 June 2008. The application is based on the ground that Mr Laird's conduct was such as to show that he is not a suitable person to hold the certificate. Mr Laird obtained his certificate on 21 September 2007.

[3] Mr Laird has been working at a licensed country club for approximately nine years. He started in the kitchen, and worked his way up to a level of responsibility when his employer supported his application to obtain the certificate.

[4] The facts show that on 8 May last at about 11.15 pm, Mr Laird was driving his motor vehicle and was routinely stopped by the Police. He was found at the time to have a breath alcohol level of 939 micrograms of alcohol per litre of breath. Mr Laird appeared before the District Court a few days later and was convicted and fined and disqualified.

[5] Mr Laird spoke about the impact of the incident on himself and those who around him, including family and friends as well as in the workplace. He believes that he made a major mistake for which he seems to have accepted full responsibility. Mr Laird claims that he has no issue with the abuse of liquor. In other words although there was a binge drinking incident, it is unlikely to be repeated, and has certainly had an impact on the way he goes about his business. The Inspector advised that the country club where the respondent works is particularly well-run.

[6] We note that in a decision known as Martin Ferguson v Alastair Robert Lyon LLA PH 57/2003 it was said:

“It is our view that if managers are guilty of breaches of the drink driving provisions of the Land Transport Act they must expect their certificates to be suspended for a period. The length of the period should represent a balance between the seriousness of the offending and the maximum term of six months. In the majority of cases such a result will be seen by the Authority as a desirable step towards the promotion of the object of the Act.”

[7] We also refer to a similar comment in the case of Jason Peter Loye v Makoto Tokuyama LLA PH 285-286/2006 in which it was said:

"The applications are before the Authority as part of the continual process for attempting to raise the standards of those charged with the responsibility of managing licensed premises. The expectation is that they will not only ensure the safety of their patrons but set standards higher than would normally be expected for any other form of employment. It is our expectation that all holders of General Manager's Certificates will appreciate that a conviction involving the abuse of liquor is not only contrary to the provisions and objectives of the Act but will place the holding of a General Manager's Certificate at risk."

[8] In this case Mr Laird appears to have learned a lesson and has not only changed his personal drinking habits, but also his workplace conduct. Nevertheless we see no reason why a period of suspension should not be imposed. Clearly, cancellation of the certificate would be an unreasonable outcome. In setting the period of suspension we take into account the level of alcohol in the breath and the fact that the incident occurred during Mr Laird's probationary year.

[9] The decision of the Authority is to suspend the certificate for a period of four weeks. Accordingly it is now confirmed that General Manager's Certificate number GM/08/250/2007, issued to Andrew William Laird, is suspended for four weeks commencing on Wednesday 10 September 2008.

DATED at WELLINGTON this 20th day of October 2008

B M Holmes
Deputy Secretary

Andrew Laird.doc(aw)