Balsczak [2010] NZLLA 576 (14 May 2010)

Last Updated: 20 May 2010

[2010] NZLLA PH 576

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SHARON MARIA BLASCZAK pursuant to s.118 of the Act for a Club Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at AUCKLAND on 17 March 2010

APPEARANCES

Miss S M Blasczak - applicant
Sergeant J P Loye - NZ Police - in opposition
Ms M J McLeod - Auckland District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Sharon Maria Blasczak for a Club Manager’s Certificate, dated 12 October 2009. It was accompanied by a copy of the Licence Controller Qualification issued by the Hospitality Standards Institute on 2 October 2009. The application was also supported by two references, including one from the Point Chevalier Memorial RSA Club Incorporated where Miss Blasczak is employed.

[2] Miss Blasczak was interviewed by a District Licensing Agency Inspector and was able to satisfy the Inspector as to her knowledge and understanding of the Sale of Liquor Act. The application however, attracted opposition from both the Inspector and Police due to recent convictions. The matter was accordingly forwarded to the Authority and set down for a public hearing.

[3] It is noted that Miss Blasczak did disclose on the application form that she had been convicted of “drink drive” giving the date of 7 November 2008 and indicating that the penalty was a fine and six months loss of licence.

[4] Sergeant J P Loye is the Alcohol Harm Reduction Coordinator for the Auckland City West Policing area. He produced a copy of a criminal and traffic history list which discloses that there are in fact two relevant convictions. Both were entered in the Auckland District Court on 6 November 2008. The convictions were for driving with an excess breath alcohol level of 954 micrograms of alcohol per litre of breath and driving a vehicle in a dangerous manner. The offences took place on 11 October 2008.

[5] In the summary of facts relating to the incident it is recorded that Ms Blasczak was apprehended at the scene of an accident. The car she was driving had missed a corner and crashed into a power box on the corner of Wellpark Road, Grey Lynn.

[6] Miss Blasczak appeared before us. She has been employed at the “Port Chevalier Memorial Lynn RSA” as a bar tender since August 2003. She wishes to gain her Club Managers Certificate so that she may be a duty manager there as required. She was able to make the connection between her own situation and the object of the Act.

[7] Mr Michael Ward is the Manager of the “Point Chevalier Memorial RSA” and has held that position since December 2008. He gave evidence in support of her application. It was his opinion that the incident giving rise to the convictions was out of character. He said that Miss Blasczak had taken on significant advancement in responsibility at work and shown considerable maturity towards her position. He also spoke of a culture of change that has taken place at the RSA in recent times.

[8] The Authority has made it clear in previous decisions the expectations it has for managers. In Deejay Enterprises Limited NZLLA 531 – 532/97 it is stated:

“The guiding hand or hands-on operator of any company or the potential holder of a General Manager’s Certificate now receive greater scrutiny from both the Police and other reporting agencies. Character and reputation are closely examined. The law and human desires of patrons frequently tug in different directions. The Police cannot be everywhere. Little but a licensee’s or manager’s character and suitability may stand between upholding the law and turning a blind eye. Self imposed standards in accordance with the law must be set by licensees and holders of General Manager’s Certificates who control and manage licensed premises.”

[9] The guideline decision of G L Osborne NZLLA 2388/95 is relevant to the current situation. In that decision the Authority indicated that it would expect a minimum two year stand down period in a case where there has been an isolated conviction for drink driving.

[10] In this case there are two convictions, one for driving with excess breath alcohol, as well as the conviction for dangerous driving. It is accepted however that they arose from the same incident which occurred some 17 months ago. We also note the high breath alcohol level recorded, at more than twice the legal limit. On the other hand, we also take into account the strong support from her employer.

[11] In all the circumstances having regard to the matters set out in s121 of the Act, we have decided to adjourn the application for a period of nine months. If after that time there are no further adverse reports, we are prepared to grant the application on the papers without the need for a further public hearing. If however any other matters arise a public hearing may be necessary.

[12] The application is adjourned accordingly.

DATED at WELLINGTON this 14TH day of May 2010

B M Holmes
Deputy Secretary Sharon Blasczak.doc(jdm)