Simpson [2011] NZLLA 583 (23 June 2011)

Last Updated: 3 August 2011

[2011] NZLLA 583

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by KEEGAN JAMES SIMPSON 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: Mr P M McHaffie

DECISION

We have before us an application by Keegan James Simpson for a General Manager’s Certificate.

The application was opposed by the Police and District Licensing Agency Inspector because Mr Simpson was facing active charges under the Misuse of Drugs Act 1975 at the time his application was filed. He was charged with possession of cannabis for supply. However, the charge was subsequently downgraded to simple possession and Mr Simpson was offered inclusion in the Police diversion programme.

The application was referred to the Authority because the Police are of the view that any involvement in the drug subculture reflects unfavourably on any holder of, or candidate for a manager’s certificate.

Mr Simpson submits that he is being unfairly penalised for a misdemeanour that has nothing to do with alcohol and is not related to the hospitality industry.

Nevertheless, management of licensed premises requires a significant degree of appreciation of the necessity to comply with statutory obligations. Disrespect or disregard for any aspect of legislative process must inevitably give rise to misgivings in the minds of the regulatory authorities as to an applicant’s commitment to uphold the law. Involvement in illegal drugs is always of concern to the Authority.

However, the offence that culminated in Mr Simpson’s appearance before the Courts occurred over 12 months ago and has, to some degree, been overtaken by time. There is no current evidence of any likely repetition of the lack of judgment that led to his being charged in the first place.

Mr Simpson has the benefit of having gained experience in the operation of licensed premises and he has provided a reference from his employer. He has demonstrated a satisfactory standard of understanding of the Act and has achieved the Licence Controller Qualification prescribed by s.117A of the Act.

Matters raised in opposition in a report filed pursuant to s.119 of the Act are not necessarily fatal to an application but the factors involved must be weighed against the applicant’s preparedness to discharge his obligations and responsibilities in an appropriate fashion.

On the whole we are satisfied as to the matters to which we must have regard in s.121(1) of the Act and we grant the application. In doing so we would make the point that Mr Simpson will be very much ‘on trial’ for the initial 12 months’ tenure of the certificate and how he conducts himself in a managerial capacity will, at the end of that time, be examined when he files an application to renew the certificate.

The certificate may issue immediately.

DATED at WELLINGTON this 23rd day of June 2011

B M Holmes
Secretary

Keegan Simpson.doc(ab)