Gordon, re [2008] NZLLA 497 (9 April 2008)

New Zealand Liquor Licensing Authority

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Gordon, re [2008] NZLLA 497 (9 April 2008)

Last Updated: 30 January 2010

Decision No. PH 497/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ALASDAIR GORDON 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: Mr P M McHaffie

HEARING at TAUPO on 1 April 2008

APPEARANCES

Mr A Gordon - applicant
Mr G A Singer – Taupo District Licensing Agency Inspector – in opposition
Sergeant J McGrogan – NZ Police – to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Alasdair Gordon for the renewal of his General Manager's Certificate. Mr Gordon was first granted his certificate in 2004. When he filed his application for renewal, Mr Gordon disclosed that since the last renewal he had incurred convictions for driving with excess blood alcohol content and driving while disqualified.

[2] The facts show that on 5 April 2006, Mr Gordon was apprehended and a blood sample was taken. This revealed a level of 120 milligrams of alcohol per 100 millilitres of blood. Mr Gordon was duly convicted, fined and disqualified. The incident was aggravated by two factors. The first factor was that in 2001, Mr Gordon had received a similar conviction for driving with excess breath alcohol content with a level of 727 micrograms of alcohol per litre of breath. The second matter was that one and a half months after being convicted, Mr Gordon drove while disqualified. He was duly fined and received a further disqualification.

[3] We are satisfied after hearing from Mr Gordon, that there are no residual concerns about any liquor abuse issues. Mr Gordon was supported by his employer who saw fit to come before the Authority to explain the importance of the certificate to the operation, and to Mr Gordon. Mr Gordon manages licensed premises known as the "Starlight Cinema Centre" where the sale of liquor is very much a minor part of the main objective of the business.

[4] Neither the Police nor the District Licensing Agency brought an enforcement application under s.135 of the Act for the suspension or cancellation of the certificate. In those circumstances we are left with two options. The first is to refuse the application, and the second is to grant it.

[5] We do not consider that the circumstances warrant the effective cancellation of the certificate. The decision of G L Osborne LLA 2388/95 was quoted. We note that this was an application for a new certificate and not for a renewal.

[6] In all the circumstances we intend to grant the renewal but for a limited period of 18 months. This means that the certificate will fall due for renewal again on 22 June 2009 in a little over 12 months time. This will effectively provide Mr Gordon with another probationary year in which he can show that the incidents described above were isolated, and unlikely to be repeated. In other words, that the lessons have been learned.

[7] There was one final matter. Mr Gordon is not the holder of the Licence Controller Qualification. The amendment to the Act came into force on 1 April 2006. Mr Gordon was supplied with the relevant information but has failed to respond. In the circumstances he has three months in which to supply the Inspector with a copy of the certificate. If he fails to do so within that period of time, then the application will be refused. If the qualification is supplied within the next three months then this decision will become effective.

[8] The application is granted but subject to that condition.

DATED at WELLINGTON this 9TH day of April 2008

B M Holmes
Deputy Secretary

Alasdair Gordon.doc(aw)