Pahau, re [2003] NZLLA 151 (17 March 2003)

Last Updated: 22 February 2010

Decision No. PH 151/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by KANE WALLACE HEMINAWA PAHAU pursuant to s.118 of the Act for a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr J C Crookston

HEARING at WHANGAREI on 6 March 2003

APPEARANCES

No appearance by or on behalf of applicant
Mr G N Couchman - Whangarei District Licensing Agency Inspector – in opposition
Sergeant H P Clement, New Zealand Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application for a General Manager’s Certificate. Section 115(1) of the Sale of Liquor Act 1989 came into force approximately three years ago. It represented a reasonably new initiative by Parliament. At all times when liquor was being sold or supplied to the public on any licensed premises a manager had to be on duty and responsible for compliance with the Act and with the conditions of the licence. The expectations were that managers would have a good knowledge of the Act and the conditions of the licence. They would be in a much better position to uphold the law, as they had been given that sole responsibility. It is against that background that we now deal with the application lodged by Kane Wallace Heminawa Pahau.

[2] The basis of the objection to the application by the Police and the District Licensing Agency Inspector, relates to experience and in particular recent experience that the applicant has had in managing any premises or conveyance in respect of which a licence was in force, and suitability. In the terms of suitability, the concerns of the reporting agencies are that Mr Pahau has a very limited knowledge of the Act and in particular his responsibilities under the Act. Mr Pahau has worked on a voluntary basis at a licensed premises known as “Manny’s”. During that time he has received some ‘on the job’ training from a Ms Jolene Rose Posinkovich. An application for the renewal of the on and off-licence in respect of "Manny’s" was due to be heard by this Authority yesterday. The application was opposed by the Police based on issues involving management.

[3] At the same time the Authority was due to hear an application by Ms Posinkovich for the renewal of a General Manager’s Certificate. That application was also opposed by the Police. Both applications regrettably had to be adjourned.

[4] The evidence from the Police has shown that over the last 12 months Mr Pahau has worked at "Manny’s". He has carried out employment at about 30-40 functions. At that time Ms Posinkovich has been present.

[5] Mr Pahau was interviewed by the District Licensing Agency Inspector and the Sergeant of Police on 3 December 2002. These interviews are important because it is only through that process that an applicant’s experience and knowledge can be tested. Mr Pahau was eventually able to answer leading questions in relation to signs of intoxication and signage. He did not know what type of liquor licence the premises held, and he knew nothing about the areas of designation. He seemed to be surprised that he had the ability to trespass persons under the Sale of Liquor Act.

[6] The concerns by the reporting agencies can be summarised as follows:

• [a] Lack of experience on licenced premises particularly in a managerial role;
• [b] Lack of quality tutoring which has only been provided by a probationary manager;
• [c] Lack of knowledge of the Act; and finally
• [d] Lack of confidence by the agencies that Mr Pahau would uphold the law.
  

[7] To some extent the concerns of the agencies have been corroborated by the absence from the hearing of Mr Pahau. We do not know why Mr Pahau has failed to appear but we can only assume that he is no longer interested in pursuing his application.

[8] Had he been available and prepared to answer those concerns it is possible that a certificate might have been granted. But without hearing from him clearly that can no longer be the case.

[9] It would be helpful of course to deal with the issues involving "Manny’s" and Ms Posinkovich prior to any further application being made by Mr Pahau.

[10] In the meantime the application is refused.

DATED at WELLINGTON this 17th day of March 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Pahau.doc(afw)