Wehipeihana, re [2000] NZLLA 1239 (16 November 2000)

Last Updated: 15 February 2012

Decision No. PH 1239/2000

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by CHARMAYNE HINERANGI WEHIPEIHANA pursuant to s.118 of the Act for a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum:
Chairman: District Court Judge J P Gatley

Member: Mr J W Thompson

HEARING at Timaru on 9 October 2000

APPEARANCES
Miss C H Wehipeihana – Applicant In Person
Sergeant G A McCrostie – New Zealand Police - in opposition
Mr P C James – Timaru District Licensing Agency Inspector - to assist

DECISION

1. This is an application by Charmayne Hinerangi Wehipeihana for a General Manager’s Certificate. The application was opposed by the Police resulting in the matter being set down for public hearing.
   
2. By consent we first heard from Sergeant G A McCrostie. He said that the Police had been concerned about the Shamrock Tavern where the applicant works, since her family took over its management.
   
3. Evidence given by Sergeant McCrostie included:
   

“On the 19th and 20th of June 2000 Police visited the premises mid-afternoon and found no management on the premises at all and customers were drinking at the bar.

About this time Police were concerned about the use of cannabis on the premises and the dealing of cannabis that was taking place.

The main suspect for the dealing offences was at that time in some form or relationship with the applicant.

During frequent Police visits to the premises when the applicant was working behind the bar she was often under the influence of alcohol.

Because of her recent previous convictions and the nature of those convictions and the manner in which the applicant has conducted herself to date on the premises, Police do not consider her suitable to hold a Manager’s Certificate and I believe the application should be refused”.

4. Sergeant McCrostie submitted a list of the applicant’s convictions which were as follows:
   

COURT	DATE	OFFENCE	RESULT
DC Levin	11/07/96	Shoplifts (under $500)	Community Service 20 hours. Begin 11/07/96 Order – return of property
DC Levin	26/06/96	Obstruct/Hinder Police	Community Service 45 hours. Begin 26/06/96
		Assault Police – (Manual)	Community Service 45 hours. Begin 26/06/96
DC Levin	07/03/96	Cultivate Cannabis	Total Fines $200
DC Christchurch	21/07/93	Obstructing a Traffic Officer	Total Fines $150
DC Christchurch	14/02/92	Licensed Driver-Excess Breath Alcohol Breath/Blood = 0668	Non Resident PD 2 months. Begin 10/08/92. Disql Driving 6 months. Begin 14/02/92. End 13/08/92
DC Levin	01/06/89	Utters (Not Cheque) Obtains Und $500	Total Fines $250
DC Levin	10/01/89	Possess Cannabis	Total Fines $100
DC Levin	28/01/87	Offensive Language	Total Fines $80

When completing the application form Miss Wehipeihana replied ‘yes’ to the question “Has the Applicant been convicted of any offence” but failed to list any of the offences or convictions.

5. The on-licence for the premises known as the Shamrock Tavern is held by Goldsmith and Wehipeihana Partnership Limited. Sergeant McCrostie said that Mr Goldsmith is new to the hospitality industry and “He does not seem to have a grasp of the Sale of Liquor Act, although he is the holder of a General Manager’s Certificate.” There has been some improvement in recent months, according to Sergeant McCrostie.
   
6. Mr P C James, a Timaru District Licensing Agency Inspector, did not oppose the application for a General Manager’s Certificate. He described the Shamrock Tavern as a “low level operation” which has been extensively monitored by Agency Inspectors.
   
7. Miss Wehipeihana told the Authority that she had been at the Shamrock Tavern for 14 months. She had previously worked in licensed premises in Levin and was now helping to manage the Timaru tavern.
   
8. Miss Wehipeihana vigorously denied the Police claim that she had been under the influence of alcohol when she was on the tavern premises.
   

“While I have been on duty in the bar, which is quite often, I never drink. I am not a drinker. I don’t drink alcohol at all. When I am working I drink coffee....”

9. When she was asked by the Authority what was the basis of Police evidence she replied:
   

“I have not got a clue. I never drink when I am on duty. I do not drink when I am off duty. I am not a drinker”.

10. Miss Wehipeihana told us that she is 31 years of age and a solo mother with three children. In Timaru she had “changed her ways, I have no intention of getting into trouble with the law....We want to make the business work.”
    
11. At the conclusion of her evidence Miss Wehipeihana was again asked by the Authority whether she drank alcohol. She replied “No I don’t drink alcohol at all.”
    
12. Following the hearing Sergeant McCrostie wrote to our secretary on 13 October 2000 enclosing a statement that the Sergeant had taken on 10 October 2000 from D H Coots, a bar person at the Shamrock Tavern. It included:
    

“Today she [the applicant] stated she was leaving and going back to Levin and having nothing more to do with The Shamrock. She said she only came back from a two week holiday in Levin so she could get her Manager’s [Certificate]. I know Charmayne drinks alcohol and uses cannabis. Prior to going north at the beginning of the school holidays an old boyfriend, father to her children, came down with a quantity of cannabis oil. Charmayne was trying to sell that oil. I was there then. People were approaching me after she left. They heard she has some ‘gold oil’ to sell. I know in July .... I served Charmayne a bottle of alcohol... ...I’m sure it was a premix...”

13. A copy of this statement was sent to the applicant on 18 October, requesting any comment by 30 October. No reply has been received.
    

Conclusion

14. 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:

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:
Any relevant training, in particular recent training, that the applicant has undertaken and any relevant qualifications that the applicant holds:
Any matters dealt with in any report made under Section 119.”

15. The applicant’s latest conviction was in 1996. In the normal course of events that might not preclude a successful application. However, we find that the applicant did not accurately complete the application form which raises questions as to her suitability. Further Miss Wehipeihana categorically denied on oath that she drinks alcohol. When given the opportunity to respond to allegations in the statement of D H Coots contradicting that denial, the applicant chose not to.
    
16. The evidence adduced at the hearing, combined with the applicant’s unwillingness to respond to suggestions that she had not been a truthful witness, causes us to conclude that Miss Wehipeihana is not a suitable person to hold a General Manager’s Certificate.
    

The application is refused.

DATED at WELLINGTON this day of 2000

_____________________________
Judge J P Gatley
Chairman

Wehipeihana(rl)