Thurston v Renshaw [2009] NZLLA 892 (12 August 2009)

Last Updated: 25 January 2012

Decision No. PH 892/2009

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/540/2007 issued to THOMAS JOHN RENSHAW

BETWEEN JASON RONALD THURSTON
(Police Officer of Wellington)

Applicant

AND THOMAS JOHN RENSHAW

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at WELLINGTON on 5 August 2009

APPEARANCES

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

ORAL DECISION OF THE AUTHORITY

[1] In the decision of In Horse and Trap Tavern Limited LLA PH 880-881/2005 we made these comments:

"We believe that raising the bar for the holders of General Managers' Certificates and keeping it at a certain height has the potential to bring about a reduction in the abuse of liquor nationwide. If certain otherwise meritorious applicants suffer in the process that may not be too high a price to pay in order to achieve this long term goal."

[2] What we were saying then was, that as a regulatory authority as well as a disciplinary body we are trying to raise the sights for the way in which licensed premises are managed. We have consistently stated that we have an expectation that managers of licensed premises will be people of integrity who are committed to supervising the sale and supply of liquor in a responsible way and concerned to give real meaning to the term ‘host responsibility’.

[3] This case is about achieving that goal. Mr Renshaw has stressed that there has never been any concerns in the way he uses the certificate to manage the sale and supply of liquor. All incidents have occurred outside the work place. In other words it is his personal behaviour, as a young 22-year old, that has brought him before us.

[4] This is an application brought by the Police for the suspension or cancellation of Mr Renshaw’s General Manager’s Certificate. The ground for the application is that Mr Renshaw’s conduct has been such as to show a lack of suitability to hold the certificate.

[5] Mr Renshaw was granted his certificate on 12 December 2007. He had the certificate suspended for a period of four weeks for an incident that happened on 7 August 2008.

[6] This particular incident occurred at 2.00 am on 21 March 2009. Mr Renshaw had been drinking. It appears that after he finished work at about 11.00 pm he had about four half-pints of Tui beer, a bottle of Heineken, and two shots of tequila. He denies that he was intoxicated although he certainly appeared to act in a way that would indicate that liquor had played a part in his behaviour.

[7] His friend had been arrested and Mr Renshaw was not particularly clear as to why this has happened. He became abusive to the Police. He was warned several times for using offensive language and it was suggested that he walk away. He declined to do so. He stated that he wanted to ensure that his friend was all right. He eventually started walking away but continued to yell profanities. He then shook and threw a can of soft drink into the footpath where it smashed open.

[8] As this was in view of the general public, the Police arrested him for disorderly behaviour. Mr Renshaw paid out a considerable amount of money to be represented in the District Court where he obtained the benefit of diversion. Technically speaking that is opportunity to get a second chance not to have a conviction recorded against him. However, this case is not about a conviction but concerns his conduct.

[9] We accept that Mr Renshaw may do a good job behind the bar. However, in our view he needs to set standards higher than a lot of other occupations in front of the bar as well. Mr Renshaw accepts the need for mutual respect between duty managers and the Police. He says that he has no difficulty in dealing with the Police when he is working.

[10] As the Police pointed out it is precisely this type of behaviour resulting from liquor abuse that the Authority and enforcement agencies are working hard to stop. We do not necessarily accept that a pattern of anti-social behaviour is developing. We trust that this is not the case. We think it is desirable to impose some form of sanction against Mr Renshaw. This will act as a reminder to him and to other holders of certificates of the need for vigilance in off-duty behaviour.

[11] Accordingly and for the reasons that we have attempted to articulate General Manager’s Certificate number 049/GM/540/2007, issued to Thomas John Renshaw, is suspended for four weeks from Wednesday 5 August 2009.

DATED at WELLINGTON this 12th day of August 2009

B M Holmes
Deputy Secretary

Thomas Renshaw.doc(aw)