Broughton [2010] NZLLA 1335 (17 November 2010)

Last Updated: 10 December 2010

[2010] NZLLA PH 1335

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by KIERAN PETER BROUGHTON pursuant to s.118 of the Act for a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Dr J Horn

HEARING at CHRISTCHURCH on 28 October 2010

APPEARANCES

Mr K P Broughton - applicant
Mr M Ferguson - Christchurch District Licensing Agency Inspector - in opposition
Sergeant A J Lawn - NZ Police - in opposition

DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Kieran Peter Broughton for a General Manager's Certificate pursuant to s.118 of the Act. The application was filed with the Christchurch District Licensing Agency in February 2010. At that point in time Mr Broughton was employed at “My Bar”.

[2] The application was opposed by the District Licensing Agency Inspector and the Police due to convictions incurred by the applicant. The matter was accordingly set down for a public hearing.

[3] A criminal and traffic history list was admitted by consent. It records that Mr Broughton was convicted in the Christchurch District Court on 30 March 2006 for a common assault which occurred on 2 April 2005. He was convicted and fined $600 together with court costs of $130.

[4] Mr Broughton was also convicted in the Christchurch District Court on a further charge of assault on 14 September 2006 for an incident which occurred on 18 June 2006. He was convicted and sentenced to 50 hours community work and nine months supervision with special conditions.

[5] Mr Broughton is now aged 24 and he is now employed at “Boogie Nights” which is currently closed due to the earthquake. He is however, still on the payroll and it is expected that the bar is to open imminently. He has been at these premises for approximately six months but had worked there for six months previously.

[6] What emerged at the hearing was a picture of a young man who has had issues in his past but has made significant advances in his life during the past four years since the last conviction. He has undergone counselling and anger management. Mr Broughton has been studying social work in recent years and is involved in outdoor pursuits programmes with children.

[7] One issue that did arise which will require clarification, is the fact that there was no evidence of the Licence Controller Qualification on the file, although we are assured that he has passed the course.

[8] We heard from his current manager at “Boogie Nights”, Ms Emma Jean Patterson. She has been the manager of both “Boogie Nights” and “Shooters” for the last six months and has known Mr Broughton for that length of time. She was candid in that she admitted she was initially concerned at how Mr Broughton would manage licensed premises. She said that he has proved to her that he can remain calm in volatile situations and she wished to support his application.

[9] We found one comment that Ms Patterson made very telling. She said that she thought Mr Broughton would make a good duty manager with the “right guidance”. This did raise an issue as to whether Mr Broughton is ready to step up to the responsibilities of being the manager of licensed premises, particularly such busy premises as “Boogie Nights” where a capacity crowd on a Saturday night could be as many as 500 people.

[10] It seemed to us from the evidence we heard, and this was supported by Sergeant Lawn in his submissions, that Mr Broughton is a young man who has turned his life around.

[11] We are prepared to give Mr Broughton the opportunity to continue to prove himself and have decided to adjourn the application for a period of six months. During this time we see no reason why he should not be appointed as a temporary or acting manager, provided the conditions of the Act in regard to such appointments are complied with.

[12] During the adjourned period he will also need to provide a copy of his Licence Controller Qualification to the Authority, as a General Manager's Certificate cannot be issued without it.

[13] At the end of the adjourned period we will call for reports from the various agencies. We would need to receive confirmation that Mr Broughton is still employed in the industry at that time, given his statement that he may apply to join the Army. This of course will be a matter for him to decide. Depending on the reports from the agencies, we will then decide at that time whether the application can be granted on the papers or whether there needs to be a further hearing or the application declined.

[14] The matter is adjourned accordingly.

DATED at WELLINGTON this 17TH day of November 2010

B M Holmes
Secretary

Kieran Broughton.doc(aw)