Cooper [2012] NZLLA 369 (12 April 2012)

Last Updated: 11 June 2012

[2012] NZLLA PH 369

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ADAM DANIEL COOPER 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 CHRISTCHURCH on 13 March 2012

APPEARANCES

Mr A D Cooper - 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 Adam Daniel Cooper pursuant to s.118 of the Act for a General Manager's Certificate.

[2] The application was filed with the Christchurch District Licensing Agency and is dated 31 March 2011. It was supported by a copy of the required Licence Controller Qualification issued on 16 March 2010.

[3] The application was opposed by the Police and the District Licensing Agency Inspector due to convictions that had been incurred.

[4] The criteria we must consider are set out in s121 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 one of convictions. They also have an impact on the character and reputation of the applicant. A criminal and traffic history list was admitted by consent. There are three convictions, occurring in 2005, 2007 and 2009. The 2005 conviction was for driving with an excess blood alcohol level. The 2007 conviction for burglary incurred a sentence of $166 to be paid in reparation, nine months imprisonment with leave granted to apply for home detention. The most recent offence occurred on 7 December 2008. Mr Cooper was stopped at a Police checkpoint at 2.08 am. He was required to undergo an evidential breath test which showed 579 micrograms of alcohol per litre of breath. The legal limit is 400 micrograms. With a pattern of offending such as this, the Authority requires a lengthy stand down period to occur. The guideline decision of G L Osborne refers to a five year stand down. That period will not expire until December 2013.

[6] A further impediment to this application is the fact that Mr Cooper is not currently employed in the industry. As we have made clear on many occasions the Authority expects that the certificate will be a working document for those who are managing licensed premises. The application is therefore refused.

DATED at WELLINGTON this 12TH day of April 2012

B M Holmes
Secretary

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