Casson [2009] NZLLA 884 (12 August 2009)

Last Updated: 25 January 2012

Decision No. PH 884/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JASON MANU CASSON 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 WELLINGTON on 5 August 2009

APPEARANCES

Mr J M Casson – applicant
Sergeant J R Thurston – NZ Police – in opposition
Mr R S Putze – Wellington District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Jason Manu Casson for a General Manager’s Certificate. The Authority is required to take into account the criteria set out in s.121 of the Act 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 managing 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 the applicant holds the prescribed qualification required under section 117A:

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

[2] In this particular case Mr Casson is 32 years of age. He has had at least two years’ experience in the hospitality business. He requires a certificate to operate non-problem premises which concentrate mainly on food. He holds the required Licence Controller Qualification, and has held a manager’s certificate for a year. There are no convictions.

[3] However, there was an incident that occurred last year which resulted in Mr Casson receiving diversion. As a consequence his character and reputation (and therefore his suitability) have been called into question.

[4] The evidence shows that Mr Casson had been a Police Officer and was sharing an apartment with other people. There were two bedrooms in the rented apartment. For some unexplained reason Mr Casson removed a wallet from another person’s room and took money from it. There is no evidence of his doing anything of this nature in the past. The amount involved was $90. Mr Casson lost his job with the Police. He then received an offer of employment in the hospitality industry, which he currently holds.

[5] Diversion is a Police initiative under which people admit guilt and are given a second chance. In particular no conviction is recorded. Mr Casson took that opportunity. He paid money to a charity and is keen to move on.

[6] His employer has seen fit to appear before us to explain that he has no hesitation in recommending Mr Casson for any position because of Mr Casson’s integrity and honesty.

[7] In view of the fact that this incident occurred just under 12 months ago, and given that there were no liquor abuse issues involved, and in the light of the grant of diversion, and Mr Casson’s maturity, and the fact that he has undertaken to use any certificate at the present place of employment for the first 12 months, we have decided to exercise our discretion in his favour. The application is accordingly granted.

DATED at WELLINGTON this 12th day of August 2009

B M Holmes
Deputy Secretary

Jason Casson.doc(aw)