Saunders [2010] NZLLA 144 (4 March 2010)

Last Updated: 1 April 2010

Decision No. PH 144/2010

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by NIGEL COLIN SAUNDERS pursuant to s.118 of the Act for a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Dr J Horn

HEARING at CHRISTCHURCH on 23 February 2010

APPEARANCES

Mr N C Saunders - applicant
Mr M Ferguson - Christchurch District Licensing Agency Inspector - in opposition
Sergeant A J Lawn - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] This decision relates to an application dated 27 August 2009 by Nigel Colin Saunders pursuant to s.118 of the Act for a General Manager's Certificate.
[2] The applicant and his wife are hoping to become the lessees of the “Fairlie Hotel” in Fairlie. The applicant has been an employee working at the hotel for the last eight months and has had approximately 18 months in the liquor industry, some of which was part time.
[3] The application is opposed both by the District Licensing Agency Inspector and the Police. The opposition indicated that the applicant had failed to record previous convictions in his application. That in itself is bad enough, but when one looks at the extensive list of previous convictions there is real reason for concern.
[4] The last conviction is dated 6 April 2005 but it is apparent that the offending started in 1985 when the applicant was subject to the Youth Court jurisdiction. The persistent offending seems to cover a large variety of offences including property offences, assaults, possession of cannabis, breaches of Court orders and drink driving offences. The applicant recognises that a lot of the offending was caused by his over indulgence in alcohol.
[5] The principles expressed in G L Osborne NZLLA 2388/95 apply and further s.121 of the Act which sets out the criteria appropriate for the grant of managers’ certificates requires the Authority to not only look at the character and reputation of the applicant but also his convictions. In addition experience is a factor to be taken into account.
[6] In this instance the convictions are not only extensive but have a basis in alcohol abuse. The reason that the applicant says that he has stopped offending is that when he and his wife married approximately five years ago she gave him an ultimatum; and to be fair to the applicant, he seems to have abided by the promises he made at that time.
[7] Eighteen months’ experience, some of which is part time, is of concern to the Authority. This is particularly the case when one considers the background of the applicant. Finally the fact that the applicant thinks that it is acceptable to go drinking about once a fortnight to the extent of getting drunk is of real concern. The applicant himself abuses alcohol; albeit not at the “Fairlie Hotel” or in Fairlie itself.
[8] All of these factors lead the Authority to the inescapable conclusion that it is inappropriate to grant this application and the application is declined.

DATED at WELLINGTON this 4TH day of March 2010

B M Holmes
Deputy Secretary

Nigel Saunders.doc(aw)