Collins [2000] NZLLA 1230 (2 November 2000)

Last Updated: 15 February 2012

Decision No. PH 1230/2000

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ROBERT FAATOIA COLLINS pursuant to s.118 of the Act for a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum:

Mr R J S Munro
Mr J W Thompson

HEARING at AUCKLAND on 25 July 2000

APPEARANCES

Mr R F Collins – applicant in person
Mr A Wilkinson – Manukau District Licensing Agency Inspector – in opposition
No appearance by the Police

DECISION

1. This is an application by Robert Faatoia Collins for a General Manager’s Certificate. The application was opposed by the Police and a Manukau District Licensing Agency Inspector. The grounds of opposition are that Mr Collins has recent convictions which he has failed to disclose, and that he lacks knowledge of recent amendments to the Sale of Liquor Act. The matter was set down for public hearing.
   
2. At the hearing Mr Collins told us that he is 30 years of age. He works as a car salesman and three nights a week at a licensed entertainment centre in Manukau, named “Shooters”. He had been asked twice by the management at “Shooters” to apply for a certificate. On the first occasion he resigned rather than disclose his convictions. When he was invited to return to work at “Shooters” he decided to make an application.
   
3. Mr Collins was convicted on a charge of theft as servant on 20 February 1997. He was sentenced to eight months periodic detention and required to pay $15,000 as reparation. On 23 May 1997 he was convicted on a charge of making a false statement and sentenced to six months periodic detention.
   
4. The charge of theft was made when Mr Collins worked as a delivery driver. He was found guilty of stealing cigarettes to the value of $50,000. He told us the thefts took place when his wife was ill in hospital.
   
5. The second charge arose when Mr Collins’ nephew used his video card to obtain a VCR player and video but did not return them to the store.
   
6. Mr Collins has completed payment of the reparation for the stolen cigarettes. As a result he lost his car and other possessions.
   
7. Mr Collins did not disclose his convictions when he completed his application form because he feared he would not be allowed to continue working at “Shooters”. At the time of the hearing the management was not aware of his convictions.
   
8. A Manukau District Licensing Agency Inspector, Mr A Wilkinson, opposed the application because of the convictions and lack of knowledge of the 1999 amendments.
   
9. In answer to questions from the Authority Mr Collins told us he is an elder in the Seventh Day Adventist Church. After his offences he was “stood down” but he was reinstated in 1999.
   
10. The complete file contained three references in support of Mr Collins’ application:
    
    • from Pastor Giovani Stowers, a pastor at a Seventh Day Adventist Church, who described the applicant as “reliable, faithful, trustworthy and punctual”.
      
    • from Peter L Godoy, a director of Equity Loans, who wrote that Mr Collins “has been an associate of our Company for the last five months. During that period I have come to know Robert as an honest and reliable partner”.
      
    • from Brian Birch of Shooters who wrote that the applicant had “adequate experience serving alcohol and managing customers”.
      
11. At the conclusion of the hearing we invited Mr Collins to forward any other references that he could obtain. Two further references have now been received:
    
    • from N J Lawrence, manager of “Shooters”. “During his time with us he has proved himself to be reliable, honest and hard working”.
      
    • from Nonu Maiava, manager, Nonu Healthcare CUD dated 10 October 2000. She has known Mr Collins “as an honest and dependable young man with our church activities. He is keen and always sees tasks to their full completion”.
      

Conclusion

12. In considering an application for a General Manager’s Certificate the Authority is directed by s.121(1) of the Act to have regard to the following matters:
    

“(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 managing 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 any relevant qualifications that the applicant holds:

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

13. In a High Court decision, Sheard [1996] 1 NZLR 751 at 755 Holland J said:
    

“Obviously the applicant’s past conduct will be very relevant to the consideration of suitability. The real issue is whether the evidence of that past conduct will indicate a lack of confidence that this applicant will properly carry out the obligations of a licensee. He has already been punished for his offending”.

Similar considerations apply in assessing suitability to hold a General Manager’s Certificate.

14. When Mr Collins completed his application form he did not disclose his convictions. This action raises questions as to his suitability. We are also concerned at the nature and recency of Mr Collins’ two offences, and his knowledge of the Act.
    
15. From the evidence adduced at the hearing we are not persuaded to grant a General Manager’s Certificate at this time.
    
16. In so determining we note the comment by Holland J in the High Court in Hayford v Christchurch District Licensing Agency (High Court, Christchurch, 3 December 1993, AP 201/92 pages 9 and 10) in relation to the grant of liquor licences:
    

“a finding should not be infinite ... I would not want it to be said that because this Court has said he is a person unsuitable to carry on a licence that that should permanently be regarded as the situation ... In the event of him making an application for a new licence under the Act he will, of course, have to face the fact that this finding exists, but it will be for the tribunal considering any such application to consider whether on that occasion and at that time he is a suitable person to hold a licence”.

17. The application is refused.
    

DATED at WELLINGTON this day of November 2000

R J S Munro J W Thompson
Member Member

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