Wade [2009] NZLLA 1170 (15 October 2009)

Last Updated: 28 January 2012

Decision No. PH 1170/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by TONY GRAHAM WADE 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 CHRISTCHURCH on 22 September 2009

APPEARANCES

Mr T G Wade – applicant
Sergeant A J Lawn – NZ Police – in opposition
Mr M Ferguson – Christchurch District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Tony Graham Wade for a General Manager’s Certificate.

[2] The application was filed with the Christchurch District Licensing Agency on 13 April 2009. Mr Wade is 40 years of age. He has a long history of offending when he was young, commencing in 1985. His record shows upwards of 30 convictions, of which at least half of them involved dishonesty.

[3] The issues came to a halt in 1993 when he was sentenced to two years imprisonment. Since that time he has been in trouble on very few occasions. There were incidents in 2000 and 2004. Last year his driver’s licence was suspended. In January 2009, he drove against that suspension order, and was convicted of driving whilst disqualified.

[4] It is quite clear that Mr Wade has changed considerably and turned his life around. There is no question that the person who appeared before us today is a different person from the one who was getting into so much trouble in the 1980s and 1990s.

[5] Mr Wade’s primary employment was as a truck driver. He suffered from repetitive strain injury and came under the wing of the Accident Compensation Corporation. He is still receiving some funds from the Corporation. As part of their scheme he obtained employment with “The Equestrian Hotel” in Hornby. He has done well at these premises and now has a permanent job, working upwards of 35 hours per week as a barman. With further encouragement from the Accident Compensation Corporation he obtained his Licence Controller Qualification. He completed the Kiwi Host programme and duly applied to be the holder of the General Manager’s Certificate.

[6] It cannot be assumed that the application is supported by “The Equestrian Hotel”. This is because they have not been present to actively support the matter and the reference does not precisely say that it is intended that Mr Wade will be employed as the manager of the premises. On the other hand Mr Wade believes that they would like him to take on further responsibilities, and that they are currently rewarding him for obtaining qualifications to this stage.

[7] When he filed his application Mr Wade was asked whether he had been convicted of any offences. The boxes ‘yes’ or ‘no’ were not ticked and there was no record of any convictions at all. This failure to disclose convictions was one of the main concerns raised by the Police and District Licensing Agency Inspector. The recent conviction for driving against the suspension of a licence was also an issue.

[8] Mr Wade believes that he is good at his job. He has not drunk alcohol for approximately 20 years. He does appear to have a good understanding of the requirements of the Act.

[9] As the Police pointed out the issue is about keeping standards high in order to try and reduce the level of alcohol abuse nationwide. One of the ways of attempting to satisfy the challenge presented by the Act, is to maintain high standards for the holders of manager’s certificates. They are the people who are responsible for compliance with the Act. They are also the people responsible for enforcement within the premises that they manage. And they are the people who are responsible for compliance with the conditions of the licence. In summary, the law places high demands on the holders of manager’s certificates.

[10] We accept that the premises where Mr Wade wishes to use his certificate are non-problem premises. We also accept that he is a very responsible employee. However, we are concerned about the issues that were raised, including the failure to disclose the convictions. Although Mr Wade explained this failure, giving a variety of reasons, it seems that he made no attempt to disclose his past.

[11] The result is that we are not prepared to grant the application at this time. On the other hand Mr Wade should not be put off by this decision. We suggest that he wait for another 12 months and then make a fresh complete application. If he is able to show that he has stayed away from trouble for the last 12 months, and if he has the full support of his employer, and preferably their presence at any hearing (if that is required), then he might expect greater success.

[12] In the meantime, the application is declined.

DATED at WELLINGTON this 15th day of October 2009

B M Holmes
Deputy Secretary

Tony Wade.doc(jeh)