MacKenzie [2009] NZLLA 1090 (23 September 2009)

Last Updated: 28 January 2012

Decision No. PH 1090/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by LOGIE COGHILL MACKENZIE 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 GISBORNE on 7 September 2009

APPEARANCES

Mr L C MacKenzie – applicant
Mr L G Pascoe – Gisborne District Licensing Agency Inspector – in opposition
Sergeant M M Nikora – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Logie Coghill MacKenzie for a General Manager’s Certificate.

[2] The application was filed with the District Licensing Agency on 28 April 2009. It was supported by the Licence Controller Qualification, and a reference from the winery where Mr MacKenzie has been the vineyard manager for well over five years. The application has the full support of Mr MacKenzie’s employers.

[3] The reason for the application is that Mr MacKenzie’s employers recently established a ‘cellar door’ operation. He is required to cover for the certificated managers from time to time, as well as assist in other events, such as wine and food festivals. Mr MacKenzie was interviewed by the District Licensing Agency Inspector and was found to be very knowledgeable about his responsibilities to promote the object of the Act as well as host responsibility.

[4] Mr MacKenzie is a mature individual. The only blemish on his character is that on 11 May 2008, at about 11.30 pm, he was driving and was stopped by the Police in Gisborne. He was seen to display signs of recent alcohol consumption. An evidential breath test gave a result of 580 micrograms of alcohol per litre of breath.

[5] Mr MacKenzie was convicted two months later and was fined a moderate amount with costs, and disqualified from driving for a period of six months. The conviction is the only issue raised by the reporting agencies with relevance to the grant of a certificate. Reference was made by the Licensing Inspector to the well-known guideline decision of G L Osborne LLA 2388/95.

[6] Mr MacKenzie accepted that he had made an error of judgement. He had found the procedure embarrassing and believes that he has learnt his lesson. He was well able to make the connection between his personal behaviour and the object of the Act. As he pointed out, the ‘cellar door’ operation is for a limited period of time and relates primarily to tastings. He suggested that there was little similarity between this operation and managing an inner city bar. On the other hand once granted a certificate, he is required to have the same attitude towards host responsibility as any inner city bar. It is a relevant factor that the certificate can be used from time to time in other licensing situations.

[7] For that reason we do not see that there is any great difference between this application and others that have been dealt with. The issue for us is about keeping standards relatively high. In a decision known as Warren Richard Stewart LLA PH 880-881/2005, this comment was made:

“We believe that raising the bar for the holders of General Manager’s Certificates and keeping it at a certain height has the potential to bring about a reduction in the abuse of liquor nationwide. If certain otherwise meritorious applicants suffer in the process that may not be too high a price to pay in order to achieve this long term goal.”

[8] We accept that Mr MacKenzie is a meritorious applicant. However, we do not propose to grant the application at this time. On the other hand we do not intend to refuse the application either. The application will be adjourned for a period of nine months. This means that Mr MacKenzie will have to see out the two-year period that is expected where there are isolated drink/driving issues.

[9] We have no problem with Mr MacKenzie being appointed as a temporary manager in the last three months of the adjourned period. After nine months we will call for further reports. If there are no adverse matters we will then grant the application on the papers without any further hearing. If on the other hand there are other issues affecting his suitability, a further public hearing may be necessary, or the application will be refused.

[10] The application is adjourned on those terms.

DATED at WELLINGTON this 23rd day of September 2009

B M Holmes
Deputy Secretary

Logie Coghill Mackenzie.doc(jeh)