Ruddle [2009] NZLLA 913 (13 August 2009)

Last Updated: 25 January 2012

Decision No. PH 913/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by CLINTON MAURICE RUDDLE 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 4 August 2009

APPEARANCES

Mr C M Ruddle – 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 Clinton Maurice Ruddle for a General Manager’s Certificate.

[2] Mr Ruddle has previously held a certificate which was granted in 2004 and which he failed to renew late last year. Accordingly he filed a fresh application with the Wellington District Licensing Agency, having been employed at reasonably well-known (and well operated) licensed premises on Queens Wharf in Wellington.

[3] The application received an adverse report because at that time Mr Ruddle was facing an active charge. The facts disclose that he visited his girlfriend’s flat to find another young man in bed with his girlfriend. In the emotion of the moment he jumped on the bed and punched the male several times in the head using both fists. The victim apparently suffered bruising and cuts to his left eye.

[4] Mr Ruddle is 28 years of age and relatively mature. He appeared in the District Court but was granted a diversion. He was required to pay a sum of money to the victim. Diversion is a Police initiative which is technically designed to give people a second chance, and at least not have to suffer the indignity of a conviction. Convictions are but one of the criteria to be taken into account in making a judgment whether a person is suitable to hold a certificate.

[5] There are no convictions in this case. Accordingly the issue is Mr Ruddle’s character and reputation. Given that he previously held a General Manager’s Certificate for a number of years, and given the very supportive reference from the premises where he currently works, we think it is time to draw the assault matter to a conclusion. In all the circumstances we have decided that Mr Ruddle qualifies in terms of the criteria. Accordingly the application is granted.

DATED at WELLINGTON this 13th day of August 2009

B M Holmes
Deputy Secretary

Clinton Ruddle.doc(jeh)