Perriam, re [2009] NZLLA 341 (3 April 2009)

New Zealand Liquor Licensing Authority

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Perriam, re [2009] NZLLA 341 (3 April 2009)

Last Updated: 26 March 2010

Decision No. PH 341/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SARAH ANNE PERRIAM 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 QUEENSTOWN on 18 March 2009

APPEARANCES

Miss S A Perriam – applicant
Sergeant K P Newell – NZ Police – in opposition
Miss J L Montgomery – Queenstown-Lakes District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Sarah Anne Perriam for a General Manager’s Certificate.

[2] The application was filed with the Queenstown-Lakes District Licensing Agency in December 2008. It was supported by the Licence Controller Qualification and references from licensed premises in Wanaka in support. The reference stated that given her experience and initiative towards hospitality, her being granted a manager’s certificate was strongly supported.

[3] The application drew an adverse report from the Police based on a disclosed conviction for driving with excess breath alcohol content. The facts show that on 29 March 2008 Miss Perriam had been apprehended. Her breath alcohol level was 846 micrograms of alcohol per litre of breath. She came before the Queenstown District Court approximately a fortnight later and was sentenced to community work and disqualified from driving.

[4] Miss Perriam has explained the circumstances that caused her to act in this way. It is accepted that those circumstances were personal to her and were unusual. It is probable that this is an isolated incident and was not reflective of an abusive relationship with liquor. Miss Perriam has confirmed that she has learnt a huge lesson from the experience. She seems to be keen to put the past behind her and get on with her vocation in the hospitality industry, that she is clearly very good at.

[5] Although people will often contend that what has happened will not be repeated, the only way they can really establish this is by seeing out a period of time when they have been incident free. In this way they can show that any repetition of such conduct is much less likely. This is a fairly recent matter. The issue is what impact the conviction should have on her application. In the guideline decision of Graeme Leslie Osborne LLA 2388/95, it was suggested that an isolated incident should result in an incident free period of some two years before an applicant might be successful.

[6] It is our belief that by raising the bar in respect of managers and keeping it at a certain height, there is a potential for reducing liquor abuse issues nationwide. If certain meritorious applicants suffer in the process that may not be too high a price to pay in order to achieve the long-term objective of the Act.

[7] On the other hand Miss Perriam was impressive in the witness box. Her employer has thought sufficiently of her to travel to the public hearing to give evidence on her behalf. He explained that there are people that are exceptional in the hospitality business and Miss Perriam falls into that category.

[8] Ms Perriam is fortunate to have such support. The premises where she works are not regarded as problem premises. Additionally she was easily able to make the connection between her own conduct and the objectives of the Act. The negative factor, apart from the nature of the offending itself, is the fact that the level of alcohol in her breath was just over twice the allowable limit. In the circumstances we do not believe that we should make an exception to the general rule. On the other hand we are equally positive that the application should not be declined at this time.

[9] For the reasons that we have attempted to articulate the application is now adjourned for 12 months. At the end of that period we will call for reports. If they are positive and if there are no other adverse matters, the application will be granted on the papers without any further public hearing. We would recommend that Miss Perriam be appointed as a temporary manager for the last three months of that adjourned period, which should take place from the date of the hearing.

[10] It is up to Miss Perriam whether she continues in the industry on that basis. We regret holding her back from a clear goal to take on more responsibility. On the other hand we are conscious that every decision we make becomes a precedent in respect of others. The application is adjourned accordingly.

DATED at WELLINGTON this 3rd day of April 2009

B M Holmes
Deputy Secretary

Sarah Perriam.doc(jeh)