Carey, re [2002] NZLLA 138 (27 March 2002)

Last Updated: 21 February 2010

Decision No. PH 138/2002

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JULIA CAREY 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 CHRISTCHURCH on 11 March 2002

APPEARANCES

Applicant in person
Mr A C R Sullivan – Christchurch District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Julia Carey for a General Manager’s Certificate. The criteria to which this Authority must have regard are contained in s.121 of the Act. These criteria are:

(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.

The reports under s.119 are obtained from the District Licensing Agency Inspector and the Police.

[2] In terms of character and reputation the applicant has no difficulties. She is a relatively mature 26 year old with a three year old child. She has the uncommitted support of the manager of the licensed premises where she has been working for a little under 12 months. She has good references from fellow employees.

[3] In terms of experience, in particular recent experience, in managing any premises, Miss Carey has been a waitress/bar tender at the Garden Hotel since April 2001. She started at 20 hours per week. Over a period of time her hours have increased to 35 per week. It should be reiterated that Mr Yee, the manager, regards her as a reliable and responsible employee who showed maturity and competence in helping to run the restaurant.

[4] In terms of training Miss Carey not only completed a management course through Stotts Correspondence College, she undertook a Sale and Supply of Liquor Course with the Open Polytechnic. She has received a certificate of achievement from that organisation.

[5] The only issue is the question of a conviction which was recorded on 10 November 1999. When she was 17 years of age Miss Carey became involved with dishonesty charges in the District Court in Dunedin. She was ordered to do Community Service. At a later stage she was placed on supervision. There is no question that like many other teenagers, she became rebellious and found herself in trouble with the law. Most teenagers get over it. However, Miss Carey committed a further indiscretion. She took $3 worth of paste from a supermarket store. The conviction was recorded on 10 November 1999. No penalty was imposed. She was simply convicted and ordered to come up for sentence if called upon within six months. She accepts that this was a stupid mistake that she has clearly regretted. She believes that she has moved on from there.

[6] The Inspector has appropriately brought these matters to our attention. In terms of Osborne LLA 2388/95, where there has been a pattern of offending, we have indicated in the past that we look for a period of five years free of any offending before an application will be considered favourably.

[7] Taking into account the amount involved; and the fact that it is now two and a half years since the offending took place; and the level of support that she has from her employers; and her obvious commitment to the hospitality industry; we are prepared on this occasion to waive the general rule in Osborne.

[8] In the above circumstances the application is granted.

DATED at WELLINGTON this 27th day of March 2002

Judge E W Unwin Mr J C Crookston
Chairman Member

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