Finlayson [2008] NZLLA 626 (14 May 2008)

Last Updated: 11 May 2015

Decision No. PH 626/2008

IN THE MATTER of the Sale of Liquor Act 1989

_AND

IN THE MATTER of an application by CAMERON RAWIRI TAMA FINLAYSON 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: Dr J Horn

HEARING at QUEENSTOWN on 23 April 2008

_APPEARANCES

No appearance by or on behalf of applicant

Sergeant K P Newell – NZ Police – in opposition

Miss J L Montgomery – Queenstown-Lakes District Licensing Agency Inspector – to assist

_{ORAL DECISION OF THE AUTHORITY}

[1] This is an application by Cameron Rawiri Tama Finlayson for a General

Manager's Certificate.

[2] The application was filed with the Agency in October 2007. At the time Mr Finlayson was working in licensed premises known as "Winnies". He had been working there for approximately eight months. He had a very supportive reference from the general manager of "Winnies". The reference included the statement "Through Cam's training to become a duty manager he has spent a large deal of time learning how to identify and deal with intoxication as well as learning the appropriate ways of preventing intoxication. I am very confident in all of Cam's abilities. He has demonstrated a strong knowledge of host responsibility and the ability to deal with an array of customers."

[3] To some extent that reference was supported by the Inspector who confirmed that Mr Finlayson had been interviewed and displayed a very good knowledge of the Act. Mr Finlayson has been appointed as a temporary manager on the odd occasion using the 48 hour provision in s.130(2) of the Act.

[4] In the application Mr Finlayson disclosed previous convictions and it is these convictions that resulted in an adverse report being received. The convictions occurred on 15 December 2006. Mr Finlayson was in Beach Street, Queenstown with friends and was intoxicated. He stood in a store doorway and urinated in full

public view. When he was arrested by the Police he began to argue and refused to comply with Police requests. He had to be restrained. When he reached the station he had cooled off to some extent.

[5] Mr Finlayson was taken before the District Court four days later and was convicted and ordered to come up for sentence if called upon within the next 12 months. That 12 month period has now expired. Nevertheless the two convictions which were alcohol related have to be seen with reasonable seriousness although it could be said at this time that they were isolated.

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

[7] The Authority went on to say that:

“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. 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.”

[8] Since that time we have taken the view that the time should run from the date of the offending. It is therefore too soon for Mr Finlayson to be granted his certificate in our view. The particulars are not so outstanding or different that would enable us to deviate from the guideline.

[9] Mr Finlayson received short notice for the hearing and had made other arrangements to travel away from Queenstown. He is very keen to pursue his career in the hospitality industry including the obtaining of the certificate. Judging by his letter he was prepared to travel to Wellington if necessary for the completion of the hearing.

[10] His appearance was excused. We note that the Licence Controller Qualification has not been received, and no certificate may be granted absent this document. Our decision is to adjourn these proceedings for six months. At the end of the adjournment period we will call for further reports. If a copy of the qualification has been supplied, and if there are no further adverse incidents we intend to grant the application on the papers. It may be appropriate that in the last three months or so, Mr Finlayson could be appointed as a temporary or acting manager provided the provisions of ss.128 and/or 129 have been complied with.

[11] The application is adjourned accordingly.

DATED at WELLINGTON this 14th day of May 2008

B M Holmes

Deputy Secretary

Cameron Finlayson.doc(aw)