Lewis v Williams [2011] NZLLA 189 (10 March 2011)

Last Updated: 25 March 2011

[2011] NZLLA PH 189

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension or cancellation of General Manager's Certificate number 049/GM/426/2008 issued to NATHAN RICHARD WILLIAMS

BETWEEN JOHN ROBERTSON LEWIS

(Police Officer of Wellington)

Applicant

AND NATHAN RICHARD WILLIAMS

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Mr P M McHaffie

HEARING at WELLINGTON on 25 February 2011

APPEARANCES

Sergeant J R Lewis – NZ Police – applicant
No appearance by or on behalf of respondent
Mr R S Putze – Wellington District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] The Police have applied for the suspension or cancellation of the General Manager's Certificate issued to Mr Williams. The application was brought upon the grounds set out in s.135(3)(b) of the Act to the effect that on 24 December 2009 Mr Williams’ conduct was such as to show that he was not a suitable person to hold a General Manager's Certificate.

[2] The evidence established that at about 5.10 am on 24 December 2009 Mr Williams was a passenger in a taxi. Upon reaching his home, Mr Williams failed to pay the complete fare. He ran from the taxi. The victim, who was the taxi driver, remained hoping that the respondent would return. Several minutes later the respondent returned accompanied by a small bulldog. He threatened to set the dog on the victim. He then went to the victim and punched him on the left side of his face with a closed fist. He then punched him on the chin. He pulled the victim to the ground and continued to punch him several times in the face. The victim returned to his taxi and drove it to the opposite side of the road where he contacted his base. He remained there until the Police arrived. About five minutes later the respondent returned and again punched the victim on the left side of the chin with a closed fist. He then told the victim that if he had not left within two minutes he would get a gun and kill him.

[3] On 30 June 2010 the respondent was convicted of common assault, sentenced to make reparation of $400 and undertake 100 hours of community work.

[4] The Authority is satisfied that the grounds for the application have been established. In terms of s.135(6) of the Act it is desirable that an appropriate order be made.

[5] The respondent has three drink driving convictions. They occurred over a period of 10 years. The last conviction was on 22 July 2009. As a result of an application pursuant to s.135 of the Act, the respondent’s General Manager's Certificate was suspended for four weeks.

[6] In the decision NZLLA PH 891/2009, dated 12 August 2009, the Authority noted that there was evidence that the respondent was an excellent manager of licensed premises.

[7] As the respondent did not appear at the hearing, there is no evidence in mitigation before the Authority on this occasion. The Police seek cancellation of the certificate.

[8] The Authority considers that cancellation in these circumstances would be an excessive response. It appreciates the serious nature of the assault. It involved gratuitous violence (accompanied by a dog) on an innocent taxi driver. In the circumstances the taxi driver was a very vulnerable victim.

[9] The Authority needs to weigh the respondent’s previous history as being a particularly effective general manager as against this isolated act of violence. It appreciates the concern of the Police that in the future the respondent might act violently. However, the respondent’s record does not substantiate the concern of the Police in this regard.

[10] In all the circumstances the Authority considers that Mr Williams’ General Manager's Certificate should be suspended for six months from the date of this decision.

DATED at WELLINGTON this 10TH day of March 2011

B M Holmes
Secretary

Nathan Williams.doc(aw)