Skedgwell [2009] NZLLA 1076 (23 September 2009)

Last Updated: 28 January 2012

Decision No. PH 1076/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JOSHUA DENNIS SKEDGWELL 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 NAPIER on 10 September 2009

APPEARANCES

Mr J D Skedgwell – applicant
Mr J H Lovatt – Hastings District Licensing Agency Inspector – in opposition
Sergeant R M Gordon – NZ Police – to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Joshua Dennis Skedgwell for a General Manager’s Certificate.

[2] Mr Skedgwell filed his application in February this year and to some extent the application has been overtaken by time. Mr Skedgwell was born on 11 November 1987 and in a month’s time will be 22 years of age. He has been employed at a well known off-licensed premises maintained by a national licensee for a period of just over 12 months. He was encouraged to make his application by his employer. He is the holder of the Licence Controller Qualification. Although his initial interview with the Inspector showed that he was not as highly motivated as others, he generally showed that he well understood his duties and responsibilities as a potential manager.

[3] The reason that the application is before us is that there are two relevant convictions. The first occurred around midnight on 5 May 2007 when Mr Skedgwell was the driver of a motor car. He was following behind another vehicle at some speed. Eventually there was a race. The Police took off after him. In the course of the journey of about 20 kilometres, speeds of up to 150 kilometres per hour were registered, not only on the open road, but in 50 kilometres per hour areas as well. The Police were unable to stop Mr Skedgwell and he was duly charged with reckless driving. He was convicted, and fined and disqualified from driving.

[4] Within two months of that particular incident Mr Skedgwell was found at a licensed premises at about midnight. He had been drinking and was affected by liquor. There was an incident with another person on the dance floor. The result was that Mr Skedgwell punched the victim in the mouth. The victim did not require medical treatment. Mr Skedgwell was taken before the District Court to face a charge of assault. He was convicted and fined and ordered to pay restitution of $500.

[5] Quite properly the Police and the District Licensing Agency Inspector have expressed concern about Mr Skedgwell being a young man who had become involved (a) with liquor and (b) with violence. It is true that a two-year period has expired since the last incident, in fact it is over two years since that time. On the one hand we have a young man who now says that he accepts that he was considerably immature at that time. The offending could not be described as a pattern, except that the combination of motor cars, speed, liquor and young males is a relatively potent one.

[6] Mr Skedgwell has had the advantage of working for this well-known chain for over 12 months. He has a further advantage in that the store manager has seen fit to appear before us. He is here because he supports the application and believes that Mr Skedgwell has the current maturity and ability to run the premises on his own. According to the employer, Mr Skedgwell has passed two internal shopping challenges, and has been seen to reject sales, and support other employees who have done so. The store manager, who is the holder of a General Manager’s Certificate, has full confidence in his ability. Mr Skegwell was given the opportunity to be a temporary manager for a short period of time and there were no difficulties.

[7] Deciding the issue is a balancing exercise. We are comforted to some extent by the fact that Mr Skedgwell has given an undertaking that if he is granted his certificate, he will use it only for managing and controlling off-licensed premises. These premises have never been a cause of problem to the Police. That undertaking cannot last forever. At any time in the future if Mr Skedgwell wishes to use his certificate in an on-licence situation, he may make application to the Inspector or if necessary to us, to have the restriction lifted. In the meantime any certificate that we will issue will have the words on it “Undertaking given”. This will operate as a warning to any future employers.

[7] In those circumstances we are satisfied that Mr Skedgwell has seen out a period of incident-free time. We are confident that the offending is unlikely to be repeated, and accordingly, the application is granted.

DATED at WELLINGTON this 23rd day of September 2009

B M Holmes
Deputy Secretary

Joshua Skedgwell.doc(jeh)