Kingi, re [2002] NZLLA 162 (10 April 2002)

Last Updated: 23 February 2010

Decision No. PH 162/2002

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by RICHARD KINGI 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 15 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 for a General Manager's Certificate. The grounds or the criteria to which this Authority must have regard are stated in s.121 of the Act. These grounds 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."

These reports are requested from the Police and the District Licensing Agency Inspector.

[2] This is an unusual application in a variety of ways. Mr Kingi is a mature man. He had a great deal of trouble when he was young. He has matured considerably since then. In terms of character and reputation there are many people who speak highly of him. For example, he has produced references from the head ranger at the Christchurch City Council where he worked at Spencer Park for approximately six months. He has produced a reference from Shoreline Holdings Limited, that over the last 15 months as a barperson and door security person he has been honest and confident and has good communication skills.

[3] He has produced a reference from a Mr McCarthy, a director of the Rockpool, who has known Mr Kingi for 20 years. He says that during that time Mr Kingi has worked off and on as door security and barperson in a number of the establishments that he has owned. He said that he had no hesitation in writing this reference because he believes that Mr Kingi would make an exceptional hotel/bar manager. There are references from Pool and Cue organisations. Mr Kingi’s major hobby is associated with pool. There are two other references from the Richmond Workingmen's Club, and the managing director of Sockburn Drainage.

[4] Most people have found that Mr Kingi is hardworking, honest, reliable and with good personal skills. He is also a non-drinker. He stopped drinking 27 years ago. That has to be an important factor in any application for a General Manager's Certificate.

[5] Mr Kingi's convictions are a cause for concern. At the age of 16 Mr Kingi first started getting into trouble. That period of anti social behaviour continued fairly relentlessly until he was 25. From 1975 to 1981 there were a few quite serious convictions, although Mr Kingi was never sentenced to a term of imprisonment. From 1981 to 1990 there were no convictions. From 1990 to 1995 there were convictions for receiving, and possession of cannabis, and assault.

[6] Mr Kingi has explained that he fell back into the pattern in the 1990s when he was out of work. He had brought his children up as a solo parent. There was a time of stress and he reverted back to form. The last conviction was in 1995, some seven years ago. There was an assault with gang members. The sentence was non-residential periodic detention for two months.

[7] More importantly, the Police report which refers to the convictions, is a glowing one. Sergeant Hutton is the licensing sergeant at the New Brighton area. He said that he agonised for a while over which way to go with the application. He records that Mr Kingi is 52 years of age. He stated that the bad side of Mr Kingi’s life has gone. He has been a non-drinker for 27 years and brought up a family by himself for the last few years. He concluded:

"I've met him on numerous occasions while he has been on duty on the doors at the Motown bar and other bars in the area, and his whole attitude every time has impressed me and other members of the Police. He has been involved in bars and bar work for the last 30 years. It appears that the Motown Bar is becoming a bit of a family business with his cousin, Mere Jacobs, having the lease on the property, his brother Tom "runs" the bar."

[8] Mr Kingi's brother, Tom, is a concern because he is a member of the Highway 61 gang. Sergeant Hutton would have little confidence in his ability to be the manager of licensed premises. However, he said that this bar is a very well run establishment as far as the Sale of Liquor Act is concerned. On balance he decided that the Police would have no objection to the application.

[9] The District Licensing Agency Inspector quite properly has suggested the Authority should decide this matter. It is clear that Mr Kingi’s experience is mainly in the security area. He has also worked behind the bar, and he has been a temporary manager but only for a very short period of time.

[10] We understand that the Shoreline premises was converted approximately two years ago. Mr Kingi has worked there ever since, doing door work and working behind the bar, but in a voluntary capacity. In other words, because it has become a family establishment, he has not received any wages but has been looked after by the family. As we have stated, there is the letter of support from the manager of Shoreline.

[11] Training has taken place and Mr Kingi has received his certificate that he completed the eight hour course with the Christchurch Polytechnic. It appears that Mr Kingi is not a well educated person. We believe that he acts intuitively. All the indications show that he knows the people who should not be on the premises, and he knows how to diffuse potentially risky situations. We have come to the conclusion that on balance he may well be an asset to the hospitality industry.

[12] We note that any manager's certificate is for one year only. It is known as a probationary period.

[13] In balancing all the factors we recognise that there is some risk in this particular situation. We believe the features are sufficiently unique for us to grant the application and we do so.

DATED at WELLINGTON this 10th day of April 2002

Judge E W Unwin Mr J C Crookston
Chairman Member

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