Green [2012] NZLLA 1316 (3 December 2012)

Last Updated: 13 December 2012

[2012] NZLLA PH 1316

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by VICTOR RAYMOND ARTHUR GREEN pursuant to s.118 of the Act for a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Members: Ms J D Moorhead
Mr R S Miller

HEARING at AUCKLAND on 27 November 2012

APPEARANCES

Mr V R A Green – applicant
Mr G S Whittle – NZ Police – in opposition
Miss M J McLeod – Auckland District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] This is an application by Victor Raymond Arthur Green pursuant to s.118 of the Act for a General Manager's Certificate.

[2] The application was filed with the Auckland District Licensing Agency on 1 June 2012. Rather unusually both the application and the employer’s reference have been signed by a liquor licensing consultant. As it transpired the information provided on the application form in regard to previous convictions was not correct resulting in Police opposition to the application.

[3] In terms of the criteria for General Managers’ Certificates set out in s.121 of the Act we are concerned with the following matters:

(a) The character and reputation of the applicant:

(b) Any convictions recorded against the applicant:

...

(e) Any matters dealt with in any report made under section 119.

[4] We are satisfied that Mr Green has relevant recent experience in terms of s.121(c) and that he holds the required Licence Controller Qualification.

[5] On the application form it is stated that the applicant has one conviction for receiving property in 2009. In fact the offending took place on 1 October 2010 with a conviction being entered in the Whangarei District Court on 7 January 2011.

[6] The applicant also has other convictions which were not disclosed on the application form. In all there are six convictions which have been incurred over the last three years.

[7] Mr Green appeared at the hearing and took responsibility for the failure to disclose all of his convictions. He said that he had misinformed the agent by not advising her of the less serious convictions and also said that he could not recall the correct dates. He also said that he had departed overseas on holiday at around the time the application was filed. We are prepared to give Mr Green the benefit of the doubt in regard to the non disclosure.

[8] In regard to the convictions Mr Green said that the majority of the offending occurred when he was living in another town and that he had since moved to Auckland and changed his life. While the last two convictions were entered in the Auckland District Court they related to prior matters before he had moved to Auckland. We note in this respect that the most recent conviction was entered in the Auckland District Court on 14 October 2011 for an offence relating to breach of community work on 26 February 2011 for which he was convicted and discharged. Mr Green advised that the breach of the community work was in fact moving to Auckland without first advising authorities. That matter is now 18 months old.

[9] The other conviction entered in the Auckland District Court on 14 April 2011 relates to a charge of operating a vehicle carelessly on 29 January 2011 for which Mr Green was convicted and fined $500.

[10] Although there are six convictions which raises concern as to whether there is a pattern of offending, they are of a relatively minor nature. After hearing from Mr Green it is fair to say that we were relatively impressed with his candour. He is now 20 years of age and it is to be hoped that he has indeed been able to put his past youthful indiscretions behind him.

[11] Taking all matters into account we are prepared to look favourably on the application. There is however one outstanding matter, which is that of the employer’s reference.

[12] Before granting the application we have requested Mr Green to provide a further reference from his employer, as in the circumstances we do not consider the reference provided by the liquor licensing consultant to be sufficient. It was unfortunate that we were not able to hear from Mr Green’s employer directly at the hearing.

[13] Accordingly, the application is adjourned for one month in order for a reference to be provided. If a suitable supportive reference is provided then the application may be granted on the papers without the need for a further hearing. If the reference is not received or there are any other issues the matter will be set down for a further hearing.

DATED at WELLINGTON this 3rd day of December 2012

B M Holmes
Secretary

Victor Green.doc(aw)