McTigue [2010] NZLLA 1360 (19 November 2010)

Last Updated: 17 December 2010

[2010] NZLLA PH 1360

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by CHRISTOPHER JOHN McTIGUE 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 29 October 2010

APPEARANCES

Mr CJ McTigue – applicant
Mrs H Fass –Selwyn District Licensing Agency Inspector – in opposition
Sergeant A J Lawn – NZ Police – in opposition

DECISION OF THE AUTHORITY

[1] This is an application by Christopher John McTigue for a General Manager's Certificate pursuant to s.118 of the Act.

[2] The application was received by the Selwyn District Licensing Agency and is dated 17 November 2009. It was supported by a copy of the required Licence Controller Qualification issued on 21 December 2007.

[3] The application was opposed by the Police and District Licensing Agency Inspector because of two convictions for driving with an excess breath alcohol level. The applicant disclosed one conviction on the application form but gave the wrong date.

[4] The matters which we must have regard to 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.

[5] A criminal and traffic history list was admitted by consent. It records that a conviction was entered in the Lower Hutt District Court on 24 January 2001. This was for driving with a breath alcohol level of 1154 micrograms of alcohol per litre of breath on 22 December 2000. Due to the extremely high level (almost three times the legal limit of 400 micrograms) he was fined $1,000 and disqualified from driving for one year.

[6] The second conviction was entered in the Christchurch District Court on 7 November 2006. That offence occurred on 2 September 2006 when Mr McTigue was found to have been driving with a breath alcohol level of 852 micrograms of alcohol per litre of breath (more than twice the limit).On that occasion he was fined $1,750 and disqualified from driving for one year.

[7] Mr McTigue, together with his partner, leased the “Springfield Hotel” in June last year. He has previously worked as a barman but is also a chef. He said that he had disclosed what he thought was the most recent conviction on the application form and given the wrong date due to a poor memory. He was candid about his problem with alcohol and the treatment he underwent a year ago. Mr McTigue’s partner also gave evidence on his behalf.

[8] We note that four years have passed since the last conviction and that the earlier one was now 10 years ago. In terms of the G L Osborne NZLLA 2388/95 guideline decision we expect a period of time to have elapsed after convictions have been incurred before an application will receive favourable consideration. The length of time depends on the number and seriousness of the convictions. In this case, given Mr McTigue’s acknowledged difficulties and relatively recent treatment, we are not satisfied that he is at a point where he should be granted a certificate. However we do not intend to decline the application either. We propose to adjourn the application for 12 months. We will then ask for further reports before determining whether the application should be granted. A further hearing may be required.

[9] The application is adjourned accordingly. We also record our view that we have no difficultly with Mr McTigue being appointed as a temporary or acting manager within the last six months of the adjourned period, provided the provisions of the Act in regard to such appointments are complied with.

DATED at WELLINGTON this 19TH day of November 2010

B M Holmes
Secretary

Christopher McTigue.doc