Biddle, re [2008] NZLLA 501 (9 April 2008)

Last Updated: 9 July 2010

Decision No. PH 501/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by BENJAMIN ALLAN BIDDLE 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: Mr P M McHaffie

HEARING at TAUPO on 1 April 2008

APPEARANCES

Mr B A Biddle - 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] This is an application by Benjamin Allan Biddle for a General Manager's Certificate. The application was filed with the Taupo District Licensing Agency. It was accompanied by the Licence Controller Qualification. Pursuant to the requirements under the Act, Mr Biddle was interviewed, and was assessed as having an excellent knowledge of the Act and the amendments.

[2] In this case Mr Biddle had been working at an off-licensed premises in Taupo on a permanent full-time basis since February 2007. He was appointed as a temporary manager on 11 April 2007. Although he had a conviction earlier in 2007, the application was not opposed. Mr Biddle has been working from time to time as a temporary manager at the licensed premises ever since.

[3] When he filed his application, Mr Biddle disclosed that he had been in trouble. The record shows that in 2004 he was convicted of operating a motor vehicle causing sustained loss of traction and was fined a minimal amount and ordered to pay costs.

[4] The incident was compounded in December 2005 in respect of a charge of wilful damage for which a fine and reparation was imposed. There was a third matter. At about 3.00 am on 18 February 2007, Mr Biddle was in the centre of town. He had been drinking but in his view had not reached a stage of intoxication, although he was described as moderately intoxicated. There was an incident with other people. Mr Biddle tried to warn the people off but eventually there was a confrontation. His actions were observed and he was arrested. There was no major assault or fight. Mr Biddle was charged with disorderly behaviour under the Summary Offences Act which carries a maximum penalty of a fine of $1,000. He was taken before the Court and fined.

[5] The incident is relatively recent. It was compounded by the disclosure by Mr Biddle's employer that he failed a controlled purchase operation in December last year. However, the Police took no enforcement action and treated the whole matter as a learning exercise. Mr Biddle was placed on a final written warning by his employer.

[6] This is a balancing exercise. On the one hand we have excellent submissions from Mr Biddle's employer. We have the fact that he has been acting as a temporary manager from time to time for nearly 12 months. On the other we have the incident which only occurred approximately 14 months ago.

[7] We are not prepared to make a special exception for Mr Biddle. He has given an undertaking that if granted his certificate it would only be used during the first probationary year in off-licensed premises. In balancing all factors we believe that it is appropriate that he continue acting as a temporary manager having done so already since April of last year.

[8] We intend to adjourn the application for a period of eight months and call for further reports at that time. If there are no further adverse matters, then we are prepared to grant the application on the papers, without a further public hearing. If there are further incidents or reports, then either a further public hearing will be called or the application will be declined.

[9] The application is adjourned accordingly.

DATED at WELLINGTON this 9TH day of April 2008

B M Holmes
Deputy Secretary

Benjamin Biddle.doc(aw)