Jenkins [2008] NZLLA 711 (27 May 2008)

Last Updated: 31 December 2011

Decision No. PH 711/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by EVAN THOMAS JENKINS pursuant to s.123 of the Act for renewal of a Club Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Dr J Horn

HEARING at INVERCARGILL on 22 April 2008

APPEARANCES

Mr E T Jenkins – applicant
Sergeant A J Harris – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Evan Thomas Jenkins for the renewal of his Club Manager’s Certificate. The certificate was first granted to Mr Jenkins on 3 November 2006, and this application is the first renewal following what is known as the probationary year.

[2] In his application Mr Jenkins confirmed that he had received one conviction which was for a logbook infringement. Driving is his main vocation and he had been on duty for more than nine hours. He was duly taken before the District Court in Dunedin and was fined and ordered to pay costs. The Judge found special circumstances and there was no disqualification.

[3] The application attracted an adverse report based on an incident that had occurred on 11 February 2007, in Dunedin. The circumstances were that Mr Jenkins had gone to a nightclub to pick up his son who had had too much to drink. The son was being spoken to by a Police Officer who did not realise that Mr Jenkins Senior was present. As a consequence there was an argument between Mr Jenkins and the Constable. There was an incident which resulted in contact between Mr Jenkins and the Constable. It was alleged that he pushed the Constable in the chest causing him to stumble backwards.

[4] Mr Jenkins was arrested and charged with assaulting the Police. Eventually he pleaded guilty and was granted diversion. In other words he was given an opportunity not to have a conviction, provided he paid a donation to a charity. The philosophy behind the Police diversion scheme, is to give a person a second opportunity.

[5] The Police have submitted that the combination of the following factors brings Mr Jenkins, suitability to retain the Club Manager’s Certificate in question. These factors were (a), the circumstances which resulted in the diversion, (b), the more recent conviction in April 2007, (c), the fact that the two incidents had occurred during the probationary year, and (d), a list of historical offences.

[6] There was an allegation that Mr Jenkins was moderately intoxicated at the time of the incident in February 2007. Mr Jenkins has given evidence on oath. He stated that he had had a pint of beer. In those circumstances we have not given any significant impact to that allegation. Nor have we given much impact to the previous convictions which were in the early 1980s. Mr Jenkins is well past that particular period in his life. In fact he has not only travelled from Milton, he has presented us with references from the "Milton Country Club" where he has been the bar person and duty manager for approximately four years. He obviously has a good reputation in that area, and we have other references to confirm that fact.

[7] It seems to us that this was a one-off incident and we accept Mr Jenkins' comment that in the main he has a respectful attitude to the Police. He stated that he is aware of the contribution that they make, not just to the community but to liquor licensing in particular.

[8] There is no enforcement application before us which might result in a suspension of the Club Manager’s Certificate. We believe that circumstances are not sufficiently severe to warrant us refusing the renewal application.

[9] In those circumstances we propose to grant the application but reduce the normal renewal period. The certificate will be renewed for a period of 18 months. This means effectively that the certificate will fall due for renewal on 3 May 2009, which is a little over 12 months time. This could be regarded as a further probationary period. We have no doubt that if there are no other adverse matters when the next renewal comes around, then the application can be processed in the normal way.

[10] The application is granted on those terms.

DATED at WELLINGTON this 27th day of May 2008

B M Holmes
Deputy Secretary

Evan Jenkins.doc(aw)