Corbett [2010] NZLLA 1030 (20 September 2010)

Last Updated: 8 October 2010

[2010] NZLLA 1030

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by LANCE WILLIAM CORBETT pursuant to s.118 of the Act for a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at ROTORUA on 13 September 2010

APPEARANCES

Mr L W Corbett - applicant
Sergeant M J Membery - NZ Police - in opposition

DECISION OF THE AUTHORITY

[1] This is an application for a General Manager's Certificate by Lance William Corbett pursuant to s.118 of the Act for a General Manager's Certificate.

[2] The application was received at the Rotorua District Licensing Agency on 2 November 2009. It was supported with a copy of the required Licence Controller Qualification issued on 12 December 2007 together with supporting references.

[3] The application was opposed by the Police due to recent convictions and accordingly set down for a public hearing. Mr Corbett previously held a General Manager's Certificate issued in February 2008 but that certificate was not renewed.

[4] Evidence was given by Constable Douglas John Howard in regard to an incident which took place on 13 October 2009 when he attended an incident outside the “Pheasant Plucker Bar” on Arawa Street, Rotorua. Mr Corbett started to interject and was clearly extremely intoxicated. He was directing obscene and foul language towards the attending Police Officers. Mr Corbett was asked to desist. He however, continued to interject and behave in a disorderly manner. He was arrested for this behaviour. A subsequent search of Mr Corbett revealed 28 grams of cannabis concealed in this backpack. Mr Corbett denied the cannabis was his, stating that he was carrying it for his father.

[5] Constable Howard said that Mr Corbett had been obnoxious throughout his dealings with him and that he did not consider him to be a suitable person to be a general manager of licensed premises.

[6] Mr Corbett was convicted and discharged for disorderly behaviour and convicted and sentenced to a $200 fine plus Court costs of $130 in the Rotorua District Court on 21 January 2010 for possession of cannabis.

[7] Mrs Henrietta Shreve-Donaldson gave evidence of previous opposition to the appointment of Mr Corbett as a temporary manager for “Arawa Fine Wines” due to an earlier conviction for allowing persons on premises outside licensed hours, as well as the convictions referred to above, which had been active charges at the time.

[8] At the time of his application Mr Corbett had planned to use the General Manager's Certificate, if granted, at “Arawa Fine Wines” and at “Scotties Bar”. At the hearing he said that he was now unemployed but was working one night a week at “Scotties Bar” if required for a few hours. He had also worked at “Arawa Fine Wines” on and off helping out. His background is as a chef but he did not intend to return to the kitchen because of the high stress levels.

[9] Mr Corbett acknowledged that his actions on the night had been inappropriate and noted that he had pleaded guilty to the charge of disorderly behaviour. He did not dispute the Police facts admitting to being intoxicated, although he denied being heavily intoxicated. He said that the convictions were in a civil capacity and were not related to his managing or holding a manager’s certificate. He also noted that 10 months had passed since the incident.

[10] The matters that we must consider are 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 controlling 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.

[11] The matters that are relevant in this particular case are the character and reputation of the applicant as well as any convictions recorded against the applicant together with matters identified in any report under s.119 of the Act. There are also questions in regard to his current employment and association with drugs.

[12] In regard to Mr Corbett’s comments about off duty conduct we refer to the case of Henry v Strange NZLLA 1632/96 in which the Authority said:

"In many occupations off-duty conduct is commonly ignored. An exception may arise when the conduct impacts upon work performance. Few trades or professions have a direct legislative link which requires that conduct - including out of hours activities, be considered under the quasi-disciplinary procedure of s.135 of the Act. Nevertheless, that burden is imposed by Parliament on licensees (under s.132) and managers under the Sale of Liquor Act 1989. Their conduct and suitability may be examined at any time if an application is brought before this Authority."

[13] As has been explained to Mr Corbett the Authority expects a stand down period to occur where convictions have been incurred. In the current case that period has not yet expired.

[14] In the guideline decision of G L Osborne NZLLA 2388/95 it was said:

“Without fettering ourselves in this or other applications, it may be helpful if we indicate that we commonly look for a five year period free of any serious conviction or any conviction relating to or involving the abuse of alcohol or arising in the course of an applicant’s duty on licensed premises.”

[15] The Authority went on to say:

“Less serious convictions are also weighed. By way of example is an isolated excess breath or blood alcohol conviction or a single driving offence disclosing no pattern of offending. Nevertheless all convictions must be weighed as required by s.121(1)(b). In these and similar cases we frequently indicate that a minimum of two years from the date of conviction may result in subsequent favourable consideration providing suitable reports from both the Police and a Licensing Inspector are received.”

[16] We find that we are unable to be satisfied as to the matters set out in s.121 of the Act and the application is accordingly declined.

DATED at WELLINGTON this 20TH day of September 2010

B M Holmes
Secretary

Lance Corbett.doc(aw)