Blyth [2011] NZLLA 170 (10 March 2011)

Last Updated: 25 March 2011

[2011] NZLLA PH 170

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by WILLIAM GUNNAR BLYTH pursuant to s.118 of the Act for a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at AUCKLAND on 15 February 2011

APPEARANCES

Mr W G Blyth – applicant
Mr G S Whittle – NZ Police – in opposition
Ms A L Marsh – Auckland District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] Before the Authority is an application by William Gunnar Blyth pursuant to s.118 of the Act for a General Manager's Certificate. The application was received by the Auckland District Licensing Agency on 19 August 2010. The application was supported with a copy of the required Licence Controller Qualification issued on 28 November 2007.

[2] If granted Mr Blyth intends to use the certificate at the “QF Tavern” in Queen Street where he has worked since 2007. He has also worked at another establishment owned by the same owners, “The Crossroads Bar and Restaurant” in Ponsonby. He has provided a reference from the directors of those companies Tuazon Holdings Limited and Sanpaguita Enterprises Limited. Mr Blyth has previously been appointed as a temporary manager at the “QF Tavern”.

[3] In an interview with an Inspector on 14 September 2010 the applicant displayed a satisfactory knowledge of his legal responsibilities under the Act. The application was opposed by the Police as the applicant had failed to disclose three previous convictions. The matter was accordingly set down to be determined at a public hearing.

[4] The criteria that we must consider 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] The main issue here is the non-disclosure of the convictions which may also reflect on the character and reputation of the applicant.

[6] Mr Gary Selwyn Whittle is the Alcohol Harm Reduction Administrator stationed at the Downtown Police Station. He produced a copy of Mr Blyth’s criminal and traffic history which confirms that three convictions were entered on 8 January 2008. He described the offences in themselves as not being serious but was concerned as Mr Blyth should have disclosed the convictions on the application form.

[7] The convictions were entered in the Waitakere District Court and Mr Blyth was then discharged. Mr Whittle was able to confirm that it has now been three years since Mr Blyth last came to the notice of the Police.

[8] Mr Blyth appeared and gave evidence. He said that he had been confused about the convictions believing that he had been discharged without conviction, rather than being convicted and discharged. Given Mr Blyth’s young age at the time of the first offences which occurred in 2005, it may be that the confusion is understandable though not excusable.

[9] Mr Blyth explained the circumstances around the 2005 matters which led to convictions being entered in 2008 and we are prepared to accept his explanation. He is now aged 23, is married and believes that he has matured considerably over the last few years.

[10] Mr Blyth was fortunate in that his employer Mr Kenneth William Hicks appeared at the hearing and gave evidence in support of the application. Mr Blyth has now worked for Mr Hicks for five years.

[11] While Mr Hicks admitted that previously he had thought the maturity level was not there in order for Mr Blyth to be a general manager, he had noted a change in Mr Blyth since he got married two years ago. Mr Hicks was quite candid that the “QF Tavern” in particular required a firm hand to run because of the type of establishment. He said that he preferred all staff to hold their General Managers' Certificates and was prepared to coach and develop Mr Blyth in the role.

[12] After discussions with Mr Hicks and Mr Blyth we have decided to grant the application on the basis of the undertaking given that Mr Blyth will only utilise the certificate for the first six months at either the “QF Tavern” or “The Crossroads Restaurant” effectively owned by the same employer albeit through different company vehicles. If for any reason Mr Blyth requires to be released from that undertaking he may apply for approval to do so from the Authority.

[13] We further note that any certificate is issued for a probationary period of 12 months at which time it will then be reviewed if an application for renewal is made. The certificate may issue immediately.

DATED at WELLINGTON this 10TH day of March 2011

B M Holmes
Secretary

William Blyth.doc(aw)