Cree, re [2008] NZLLA 1725 (11 December 2008)

Last Updated: 12 February 2010

Decision No. PH 1725/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by PETER GIRON CREE pursuant to s.118 of the Act for a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at AUCKLAND on 25 November 2008

APPEARANCES

Mr P G Cree – applicant
Sergeant J P Loye – NZ Police – in opposition
Mr A C Phillips – Auckland District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Peter Giron Cree for a General Manager's Certificate pursuant to s.118 of the Act. The application is dated 18 September 2008.

[2] The criteria to which we must have regard is set out in s.121 of the Act as follows:

(a) The character and reputation of the applicant:

(b) Any convictions recorded against the applicant:

(c) Any experience, in particular recent experience, that the applicant has had in managing any premises or conveyance in respect of which a licence was in force:

(d) Any relevant training, in particular recent training, that the applicant has undertaken and evidence the applicant holds the prescribed qualification required under section 117A:

(e) Any matters dealt with in any report made under section 119.

[3] The application was opposed by both the District Licensing Agency Inspector and the Police. The Inspector opposed on the grounds that Mr Cree had failed on two separate occasions to attend an interview in order for the Inspector to determine the applicant's knowledge of the Sale of Liquor Act and host responsibility.

[4] The Police opposition related to the convictions recorded against the applicant. Sergeant Jason Peter Loye gave evidence in regard to the vetting procedure that had been carried out in accordance with the Act. He noted that on the application the applicant had indicated that he had been convicted of a car accident and reckless driving that occurred in 2005 for which he stated he had received a fine.

[5] It was established that the applicant was involved in a vehicle accident in July 2006 and that he had tried to identify another person as the driver. This point is disputed by Mr Cree who does admit however; that he lied to the Police about how the incident occurred when initially questioned.

[6] The enquiries established that the applicant was the driver and he was charged with careless or inconsiderate driving causing death or injury and bailed to appear in Court. He failed to appear in Court to answer the charge and was subsequently located at the Auckland International Airport in July 2007 when he was arrested.

[7] He was subsequently convicted in the Manukau District Court on 17 September 2007 when he received a fine and was disqualified from driving for six months. It was also established that the applicant had been recently convicted in July 2008 of driving while disqualified. His conviction was not disclosed on the application form.

[8] Sergeant Loye noted that the applicant had failed to disclose the most recent offence on his application and also noted that he was not averse to lying to authorities or neglecting to supply full information when required, or to follow orders set by the Court.

[9] Mr Cree gave evidence and advised that he was no longer employed at "The Mount" where he had been employed at the time of the application. We understand that he was appointed as an acting manager at "The Mount" and that was the reason that he had made the application for a General Manager's Certificate. Mr Cree is currently working at "Finn McCools Irish Bar" in Manukau where he has been for the last two or three weeks although he has worked there previously for some 10 to 11 months.

[10] He noted that he had been at "The Mount" for about four or five months but had left as a result of a dispute. In fact he says that he was dismissed from that position.

[11] When asked about the failure to attend the interviews Mr Cree said that this was due to a misunderstanding. As he had left "The Mount" he was not sure that he could pursue the application.

[12] When asked about the failure to include the most recent conviction on his application form Mr Cree admitted that it had been a deliberate omission as he had thought it would affect the decision made by the authorities.

[13] Mr Cree said that he wanted to pursue the application for a General Manager's Certificate as he wanted to make his career in the hospitality industry and perhaps eventually own his own establishment.

[14] In the guideline decision of G L Osborne LLA 2388/95 it was 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."

[15] The Authority went on to say:

“Less serious convictions are also weighed. By way of example is an isolated excess breath or blood alcohol conviction or a single driving offence disclosing no pattern of offending. Nevertheless all convictions must be weighed as required by s.121(1)(b). In these and similar cases we frequently indicate that a minimum of two years from the date of conviction may result in subsequent favourable consideration providing suitable reports from both the Police and a Licensing Inspector are received.”

[16] In this case not only are we concerned with the recent conviction against the applicant we are also concerned with the character and reputation of the applicant. As Sergeant Loye pointed out the applicant has not been truthful in his dealings with the authorities and has neglected to supply full information when required.

[17] There is also the matter that there is no reference provided from the current employer and as the Authority has previously stated certificates are not issued in a vacuum. We would expect the support of an employer before a certificate could be issued.

[18] In all the circumstances the application is refused at this time. We note however that this decision is not infinite and that it would not prevent Mr Cree applying for a certificate in the future, but note that we would expect a stand down period of at least two years free of conviction and he would also require the support of an employer.

DATED at WELLINGTON this 11th day of December 2008

B M Holmes
Deputy Secretary

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