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Morton [2011] NZLLA 171 (10 March 2011)

Last Updated: 25 March 2011

[2011] NZLLA PH 171

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by LEWIS THOMAS MORTON 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 AUCKLAND on 15 February 2011

APPEARANCES

Mr L T Morton – applicant
Mr G S Whittle – NZ Police – in opposition
Ms A L Marsh – Auckland District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Lewis Thomas Morton pursuant to s.118 of the Act for a General Manager's Certificate. The application was received by the Auckland District Licensing Agency on 3 September 2010. It was supported with a copy of the required Licence Controller Qualification issued on 8 June 2010.

[2] The application attracted Police opposition due to the applicant’s failure to disclose convictions on the application form. A question on the application form asks “has the applicant been convicted of any offence”. The applicant selected “no”. Police inquiries however revealed that the applicant had been convicted of fighting in a public place for an offence that occurred on 4 October 2008 as well as two breaches of community work on 20 April 2009 and 18 August 2009. Mr Whittle produced a criminal and traffic history sheet confirming the convictions.

[3] Mr Morton appeared and gave evidence. He is currently working at “Outlaws Bar” in the Viaduct Harbour which was previously known as “Indians”. The premises are owned by Mr Morton’s father.

[4] Mr Morton explained that he had not been aware that convictions had been entered due to confusion which arose during the diversion and community work process. The offences themselves are not at the serious end of the scale and we are prepared to give him the benefit of the doubt in regard to the non-disclosure.

[5] Mr Morton said that he was applying for his General Manager's Certificate because there is only one holder of a General Manager's Certificate currently available for the bar and at least two managers are required at the premises. He has previously been appointed as a temporary manager at the bar where he has now worked for approximately one year.

[6] Mr Morton is currently aged 23 and not entirely sure at this point in time what his future aspirations are. He did however impress us with his responses to questions about the object of the Sale of Liquor Act which in turn gives us confidence that he is ready to step up in the profession and be the holder of a General Manager's Certificate. We are prepared to give him the opportunity to do so while noting that any certificate that issues is for a probationary 12 month period.

[7] The application is granted accordingly. The certificate may issue immediately.

DATED at WELLINGTON this10th day of March 2011

B M Holmes
Secretary

Lewis Morton.doc(aw)