Twiss [2012] NZLLA 332 (29 March 2012)

Last Updated: 4 May 2012

[2012] NZLLA PH 332

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by KEVIN GERARD TWISS pursuant to s.123 of the Act for renewal of a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at CHRISTCHURCH on 14 March 2012

APPEARANCES

Mr K G Twiss – applicant
Miss F A Proudfoot – Christchurch District Licensing Agency Inspector – in opposition
Constable S J Joy – NZ Police –in opposition

DECISION OF THE AUTHORITY

[1] This is an application by Kevin Gerard Twiss for the renewal of a General Manager's Certificate. The certificate was first issued in 2001. The certificate was due to expire on 27 June 2011. The application for renewal was made within time on 25 April 2011.

[2] The application for renewal attracted opposition from the Police and the Inspector as Mr Twiss had failed to disclose a conviction for driving with an excess breath alcohol level.

[3] The criteria that we must consider on a renewal application are set out in s.126 of the Act as follows:

(a) The character and reputation of the applicant;

(b) Any convictions recorded against the applicant since the certificate was issued or last renewed;

(c) The manner in which the manager has managed the sale and supply of liquor pursuant to the licence, with the aim of contributing to the reduction of liquor abuse;

(d) Any matters dealt with in any report made under s.124 of the Act.

[4] Mr Twiss was convicted in the Christchurch District Court on 17 November 2009 for an offence which occurred on 2 October 2009. His breath alcohol level was 750 micrograms of alcohol per litre of breath. The legal limit is 400. The conviction was incurred subsequent to the certificate last being renewed but was not disclosed on the application renewal form. In answer to question 1(e) ‘has the applicant been convicted of any offence since the certificate was issued or last renewed?’ The answer ‘no’ is ticked. Deliberate non-disclosure is a matter that we consider also has an impact on character and reputation.

[5] Mr Twiss gave evidence at the hearing that he had not considered the “DIC” to be a “criminal” conviction which is why he had not disclosed it. The drink driving incident is now more than two years ago and we are prepared to give Mr Twiss the benefit of the doubt in regard to the non-disclosure. There was some confusion as to whether a suspension was served at the time.

[6] There was also a question as to whether Mr Twiss is employed in the industry. In terms of the criteria in s.126(c) of the Act the manner in which he has managed the sale and supply of liquor is a factor. The “Vancouver Inn” which he had previously owned and managed is now leased to another party. Mr Twiss informed the Authority that he still utilised his manager’s certificate by providing cover for other licensee managers when they go on holiday. He has also stepped in as manager at the “Vancouver Inn” at short notice. After hearing from Mr Twiss we are satisfied that he continues to utilise the certificate on a regular basis.

[7] We are satisfied as to the criteria in s.126 of the Act and grant the application for renewal for the usual three year period.

DATED at WELLINGTON this 29th day of March 2012

B M Holmes
Secretary

Kevin Gerard Twiss.doc