Jacob [2009] NZLLA 1275 (19 November 2009)

Last Updated: 29 January 2012

Decision No.PH 1275/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by WADE TAMATI JACOB 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 28 October 2009

APPEARANCES

Mr W T Jacob – applicant
Sergeant J P Loye – NZ Police – in opposition
Mr A C Phillips – Auckland District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority for determination is an application by Wade Tamati Jacob for a General Manager’s Certificate.

[2] The application was received by the Auckland District Licensing Agency on 17 July 2009. It was supported with a copy of the Licence Controller Qualification dated 14 May 2009. It was also supported with a reference from the applicant’s employer.

[3] The Inspector’s report dated 4 September 2009 confirmed that the applicant displayed a satisfactory knowledge of his legal responsibilities at an interview on 10 August 2009.

[4] On the application form Mr Jacob declared convictions of a historical nature. The application received an adverse report from the Police on the basis of active charges that the applicant was facing at the time and accordingly the matter was set down for a public hearing.

[5] Sergeant Jason Peter Loye is appointed as the Alcohol Harm Reduction Co-ordinator for the Auckland City West Policing area. He gave evidence in relation to the vetting procedure carried out in respect of the applicant. It was established that the applicant was facing active charges at the time the application was made of ‘male assaults female’ and that he was to appear in the Waitakere District Court on 14 October 2009.

[6] On that date Mr Jacob appeared in relation to a domestic violence incident, having completed a ‘Man Alive’ anger management course. He received a Section 106 discharge without conviction. Sergeant Loye quite properly brought the matter before the Authority because, even though there are no recent convictions, the matter affects the character and reputation of the applicant. This is one of the criteria which we must have regard to under s.121 of the Act .

[7] The matters that we are to have regard to are as follows:

(a) The character and reputation of the applicant:

(b) Any convictions recorded against the applicant:

(c) Any experience, in particular recent experience, that the applicant has had in controlling any premises or conveyance in respect of which a licence was in force:

(d) Any relevant training, in particular recent training, that the applicant has undertaken and evidence that the applicant holds the prescribed qualification required under section 117A:

(e) Any matters dealt with in any report made under section 119.

[8] In the main the applicant fulfils these criteria. The only matter at issue is his character and reputation as a result of an incident which occurred on 16 February 2009. An argument took place between Mr Jacob and his partner and during the argument he was asked to leave the address. The Summary of Facts states that as he walked past the victim he pushed her, causing her to fall to the ground, and that when the victim went to gather her belongings the defendant followed and punched her to the back of the head with a closed fist. He then shook her violently whilst shouting abuse. The Police were called and although the victim did not require medical attention it was noted that she was three months pregnant at the time. The Summary also records that Mr Jacob was a beneficiary at the time of the incident.

[9] We have heard from Mr Jacob. He has expressed his deep regret to his partner, who was present in Court with their young child, who is now 11 weeks old. Mr Jacob explained that at the time of the incident he had been made redundant and that part of the circumstances surrounding the incident (although not an excuse) related to the stress of being unemployed.

[10] Mr Jacob has worked in the hospitality industry for some 12 years in various capacities since leaving school. He is now 32 years of age. He has previously held a General Manager’s Certificate, for a period of approximately four years which expired in September 2007. He said that at the time he allowed the certificate to lapse because although while he was working in the industry, it was with a company that was involved in design and installation of bars.

[11] Mr Jacob is currently employed at the “Whisky Bar” in Ponsonby, where he worked previously when he held a General Manager’s Certificate. He said that he had found the ‘Man Alive’ anger management course he had undertaken to be empowering and informative. He said that he was now able to recognise the triggers that had led to his violent actions and that the course had given him the tools to deal with this.

[12] Mr Jacob was extremely fortunate in that his partner was prepared to speak on his behalf. She confirmed that their relationship had greatly improved and was now stable. She said that since the birth of his child, Mr Jacob had been a wonderful father and supportive partner.

[13] In the decision known as Deejay Enterprises Limited LLA PH 531-532/97 it was stated:

“The guiding hand or hands on operator of any company or the potential holder of a General Manager’s Certificate now receive greater scrutiny from both the Police and other reporting agencies. Character and reputation are closely examined. The law and human desires of patrons frequently tug in different directions. The Police cannot be everywhere. Little but a licensee’s or manager’s character and suitability may stand between upholding the law and turning a blind eye. Self imposed standards in accordance with the law must be set by licensees and holders of General Manager’s Certificates who control and manage licensed premises”.

[14] In all the circumstances, while not condoning his actions, but noting that he was discharged without conviction, we have been persuaded that Mr Jacob is in a position where he should be granted his General Manager’s Certificate. We particularly note that because it is a new application the certificate will only issue for one year, which is effectively a probationary year. On that basis we are prepared to give Mr Jacob the opportunity to prove himself again as the manager of licensed premises.

[15] Accordingly for the reasons that we have attempted to articulate the application is granted.

DATED at WELLINGTON this 19TH day of November 2009

B M Holmes
Deputy Secretary

Wade Jacob.doc(jeh)