Shortland [2008] NZLLA 861 (25 June 2008)

Last Updated: 24 January 2012

Decision No. PH 861/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by IAN HECTOR SHORTLAND 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 17 June 2008

APPEARANCES

Mr I H Shortland – applicant
Mr G S Whittle – NZ Police – in opposition
Ms M J McLeod – Auckland District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application for a General Manager's Certificate pursuant to s.118 of the Act by Ian Hector Shortland. The application was filed with the Auckland District Licensing Agency on 13 March 2008.

[2] Mr Shortland is employed by Air New Zealand as cabin staff and has obtained the Licence Controller Qualification. He was interviewed by the Inspector and displayed a satisfactory knowledge of his legal responsibilities at that time.

[3] The applicant declared on the application form that he had a conviction for drink driving. The application was opposed by the Police on the basis of the drink driving conviction and the fact that a previous conviction had not been disclosed.

[4] The evidence shows that the applicant had a previous conviction in the Hamilton District Court on 2 November 2000 for driving with an excess breath alcohol level of 534 micrograms per litre of breath. The criminal and traffic history sheet which was accepted by the applicant also shows that the applicant was convicted in the Christchurch District Court on 27 June 2007 for driving with an excess breath alcohol level with a reading of 495 micrograms per litre of breath. The limit in New Zealand is 400 micrograms of alcohol per litre of breath. The date of the recent offence and the matter we are most concerned with was 13 June 2007.

[5] The Authority has previously stated in the guideline decision of G L Osborne LLA 2388/95:

"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."

[6] The Authority also said 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. 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.”

[7] It is now accepted by the Authority that it is the date of the offence rather than conviction that is important. As Mr Whittle has pointed out the two year stand down period in this case expires on 13 June 2009, in another 12 months. The Authority is not prepared to adjourn the matter for that length of time and accordingly the application will be declined. We note however that this is not the end of the matter and that Mr Shortland is free to reapply after 13 June 2009, when, if there are no other matters brought to the attention of the authorities, it is likely that any such application would be granted.

DATED at WELLINGTON this 25th day of June 2008

B M Holmes
Deputy Secretary

Ian Shortland.doc(aw)