Thurston v Jones [2009] NZLLA 1454 (21 December 2009)

New Zealand Liquor Licensing Authority

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Thurston v Jones [2009] NZLLA 1454 (21 December 2009)

Last Updated: 17 January 2010

Decision No. PH 1454/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension or cancellation of General Manager's Certificate number 049/GM/480/2005 issued to AIMEE LOUISE JONES

BETWEEN JASON RONALD THURSTON

(Police Officer of Wellington)

Applicant

AND AIMEE LOUISE JONES

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Dr J Horn

HEARING at WELLINGTON on 17 December 2009

APPEARANCES

Sergeant J R Thurston – NZ Police – applicant
Miss A L Jones – respondent
Mr R S Putze – Wellington District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application dated 2 November 2009 brought by the Police for the suspension or cancellation of a General Manager's Certificate issued to Aimee Louise Jones. Miss Jones was granted her certificate on 9 December 2005, and the certificate has recently fallen due for renewal.
[2] The application is based on the ground that Miss Jones’ conduct had been such as to show that she is not a suitable person to hold the certificate. The allegations are not uncomplicated. It seems clear that in 2006, a little over three years ago, Miss Jones was working on the interisland ferry. She used her General Manager's Certificate from time to time but was also in a position of other responsibility.
[3] There was an allegation that over a period of some nine months she had managed to extract via the computer, quite a large amount of money. She was subsequently charged with the theft of that money. The allegations became charges and duly meandered their way through the District Court system.
[4] There was a trial which was apparently aborted. Eventually 29 of 31 charges were withdrawn from the jury. In the nett result, a jury found Miss Jones guilty of false accounting on the remaining two charges that occurred in October 2006. She was convicted and fined $1,000 and ordered to pay $400 by way of reparation. After hearing from Miss Jones we assume that she did not necessarily agree with the verdict but accepted that there was little that could be done about it.
[5] There is no question that the last three years have had an impact upon the respondent. There was no liquor abuse involved. On the other hand the Police were quite right to bring the application before us because it relates to the issue of suitability. As we have said in the past, with an added responsibility given to the holders of General Managers’ Certificates we expect their conduct both personal and while controlling premises, to be almost exemplary. In other words we have high expectations for a manager’s personal ethics and understanding of the role.
[6] Because of the period of time that has elapsed and because of the impact of the process, our inclination is to say that it is undesirable for a suspension order to be made. The grounds have been established but we are not certain that a consequence needs to follow.
[7] On the other hand some other form of sanction might well be appropriate. We have been advised that the application for renewal of the certificate has now been filed and an objection has been received from the Police. We have discussed the matter with Miss Jones and she is prepared to accept that if an order is made reducing the period of renewal to one year, then that is a matter which will act as a reminder to her of the expectations we have.
[8] In those circumstances it is confirmed that we decline to make an order for the suspension or cancellation of the certificate. We request that the file be sent to the Authority so that the appropriate reduced renewal period may be imposed.

DATED at WELLINGTON this 21ST day of December 2009

B M Holmes
Deputy Secretary

Aimee Jones.doc(aw)