Dobson [2011] NZLLA 1048 (12 September 2011)

Last Updated: 17 October 2011

[2011] NZLLA PH 1048

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by PETER DOUGLAS DOBSON 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 HOKITIKA on 7 September 2011

APPEARANCES

Mr P D Dobson - applicant
Sergeant S A Judd – NZ Police – in opposition
Mr W Godfrey – Westland District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Peter Douglas Dobson for a General Manager’s Certificate. The application was filed with the Westland District Licensing Agency on 1 December 2010. It was supported by a copy of the required Licence Controller Qualification together with a reference from his employer at the “Heartland Hotel”, Fox Glacier. Mr Dobson has worked there for nine years as night porter and barman.

[2] The application was opposed by the Police on the basis of his suitability, both in relation to convictions and the non-disclosure of convictions. The matter was accordingly set down to be determined by the Authority at a public hearing.

[3] Mr Dobson’s Criminal and Traffic History was admitted by consent. As we informed Mr Dobson, we are not concerned with historical convictions of 20 or more years ago. In fact Mr Dobson had disclosed these on his application form. The most recent matter of concern to the Police was a conviction on 20 June 2006 for offensive use of a telephone which had not been disclosed. He had been ordered to come up for sentence if called upon within six months. Mr Dobson explained that it was the nature of the sentence which caused him confusion, as he had not appreciated that he had been convicted. We are prepared to accept that the failure to disclose was not deliberate.

[4] The conviction itself, as well as the date of the offence, are now more than five years ago in terms of the guideline Osborne decision. In this respect we do not believe that it should preclude the grant of a certificate.

[5] We are satisfied as to the criteria set out in s.121 of the Act and grant the application. The certificate may issue immediately.

DATED at WELLINGTON this 12TH day of September 2011

B M Holmes
Secretary

Peter Douglas Dobson.doc