Thurston v Even [2009] NZLLA 871 (11 August 2009)

Last Updated: 24 January 2012

Decision No. PH 871/2009

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/138/2006 issued to STEPHANE EVEN

BETWEEN JASON RONALD THURSTON
(Police Officer of Wellington)

Applicant

AND STEPHANE EVEN

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at WELLINGTON on 3 August 2009

APPEARANCES

Sergeant J R Thurston – NZ Police – applicant
Mr S Even – respondent
Mr R S Putze – Wellington District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application brought by the Police for the suspension or cancellation of a General Manager’s Certificate issued to Stephane Even. Mr Even has held his certificate since 2006. He is the owner/operator of a licensed café and he and his wife have been operating this café for the same period of time.

[2] The enforcement application was brought on the ground that Mr Even’s conduct has been such as to show that he is not a suitable person to hold the certificate. The facts show that about 10.00 pm on Monday 27 April 2009, Mr Even was in Petone. He had been consuming liquor to excess at a nearby restaurant. He was described as being heavily intoxicated. Indeed he has little memory of what subsequently occurred.

[3] Mr Even explained that he was dealing with quite a number of personal dramas. He accepted that these pressures were not an excuse but were more of an explanation for his subsequent behaviour in a public place. He was charged with doing an indecent act in a public place, being an offence under the Crimes Act 1961 carrying a maximum term of imprisonment of two years. There was a victim who noticed his indecent behaviour, and fortunately, was able to move away.

[4] Mr Even initially denied doing anything wrong but subsequently acknowledged that he had behaved in a completely antisocial way. He was brought before the District Court. He was placed on supervision for a period of six months and is still receiving counselling, mainly for alcohol abuse. This is to help ensure that the behaviour is not repeated. Mr Even is a first offender and is 40 years of age.

[5] Mr Even acknowledged that his behaviour was well below the expectations of the holder of a General Manager’s Certificate. He has sorted out his personal affairs to the extent that it should be less likely that the behaviour will be repeated. He is well aware of the object of the Act, and the expectation that as the holder of a certificate, and the operator of licensed premises, it is important to ensure that people do not binge-drink or harm themselves by drinking to excess.

[6] After considering the matter the Police have accepted that a suspension is probably more appropriate on this occasion than a cancellation of the certificate. We are of the view that some form of sanction is appropriate and desirable.

[7] Accordingly we have determined that General Manager’s Certificate number 049/GM/138/2006, issued to Stephane Even, will be suspended for a period of six weeks commencing on Monday 31 August 2009.

DATED at WELLINGTON this 11th day of August 2009

B M Holmes
Deputy Secretary

Stephane Even.doc(aw)